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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

Showing 20 posts in NAD.

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 ›

New Director of NAD Announced: Laura Brett

Laura Brett just announced as the new Director of the National Advertising Division (NAD) Read More ›

"How's It Going for You?": NAD's Revised Rules Two Years Later

Changes to the NAD’s procedures have been generally positive and have improved the efficiency of the self-regulatory process Read More ›

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