NAD Announces Fast-Track SWIFT Challenge Process

To expedite advertising challenges on discrete issues, the National Advertising Division (NAD) of the Better Business Bureau has launched a new fast-track process.  The new process will resolve eligible matters within 20 business days from initiation of the challenge. Read More ›

NAD Recommends Discontinuance of Aleve’s “Proven Better on Pain than Tylenol” Claims

The National Advertising Division of the Council of Better Business Bureaus (“NAD”) recently recommended that Bayer Healthcare LLC (“Bayer” or the “advertiser”) discontinue particular comparative superiority claims for Aleve, including “Proven Better on Pain than Tylenol,” following a challenge by Johnson & Johnson Consumer Inc., maker of Tylenol products.  The decision shows the scrutiny NAD will give to broad and unqualified superior efficacy claims. Read More ›

NAD Finds "Limited Offer" Claim Misleading, Recommends Discontinuance

Marketers frequently tout “limited time” bonus offers that appear to continue for an inordinate amount of time.   A recent decision of the National Advertising Division ("NAD") of the Council of Better Business Bureaus relating to such an offer makes clear that a “limited time” offer must indeed be so. Read More ›

NAD Finds “#1” Claims Supported in Two Recent Decisions

The National Advertising Division of the Better Business Bureau (“NAD”) recently found two separate “#1” claims to be sufficiently supported, thereby providing valuable insight to advertisers regarding the type and degree of information required to support such a claim. Read More ›

The Use of Consumer Perception Surveys in NAD Cases and How to Get Them Right

The use of consumer perception surveys before the National Advertising Division (“NAD”) is an important tool for advertisers who are challenging and defending advertisements.  NAD often expresses a wish to see surveys in their opinions, and surveys are one way for NAD to determine the messages conveyed to consumers in advertisements.  On December 7th, the Advertising Self-Regulatory Counsel (“ASRC”) hosted an informative conference on consumer perception surveys which gave insight into the use of such surveys before NAD over the last five years and guidance into what makes a good survey from experts and from the perspective of NAD.  Read More ›

Olshan to Present Consumer Protection Update on June 18th Hosted by ABA

Olshan Advertising attorneys Andrew Lustigman, Safia Anand, Tamara Carmichael, Claudia Dubón, Katelyn Patton, and Morgan Spina will give a telephonic presentation for the Consumer Protection Monthly Update on June 18, 2018, hosted by the American Bar Association. This monthly update, which will be moderated by Andrew Lustigman, will summarize the significant developments in consumer protection law that occurred during May 2018. The presentation will include cases, settlements, and other initiatives at the federal and state levels, as well as consumer class actions, Lanham Act litigation, and National Advertising Division case decisions.

You can register for this presentation here.

NARB Reaches Same Conclusion as NAD on Mascara Volume Claims, Recommending Discontinuance of Claims

A panel of the National Advertising Review Board (“NARB”) has recommended that Too Faced Cosmetics, LLC (“Too Faced”) discontinue both a claim that its mascara provides for “1,944% more volume” and “before” and “after” photographs displayed on product packaging and online videos advertising their “Better Than Sex” mascaras. Read More ›

NAD Re-Opens Dietary Fiber Case from 1994 Citing "Extraordinary Circumstances"

In a departure from past practice, NAD found that GSK Consumer Health (“GSK”) can support certain claims after Proctor & Gamble Company (“P&G”) successfully petitioned NAD to re-open a case heard by NAD in 1994. Read More ›

NAD Recommends Too Faced Discontinue Claims Related to Its “Better Than Sex” Mascara

A recent decision highlights the risk in relying on confidential support, as well the difficulty in substantiating extraordinary cosmetic benefit claims. Benefit Cosmetics recently challenged Too Faced Cosmetics’ advertising before NAD. The challenge was focused on Too Faced’s mascara advertising claims relating to clinic studies, the degree to which the product increased eyelash volume, and the representations made in the advertiser’s use of “before” and “after” comparative photographic demonstrations.   Read More ›

"World’s Best Glass Cleaner” Claim Found To Be Puffery

S.C. Johnson recently brought a challenge before NAD claiming the phrase “World’s Best Glass Cleaner” claim on PLZ Aeroscience’s (“PLZ”) “Sprayway” glass cleaning product packaging was unsubstantiated. Read More ›