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Marketing NAD

Morgan Lewis

Takeaways from the 2024 National Advertising Division Annual Conference: Charting the Global Future of Ad Law

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Businesses, regulators, academics, and advertising and legal professionals connected in New York City in September to discuss the “Global Future of Ad Law” at the National Advertising Division (NAD) Annual Conference. Some...more

Kelley Drye & Warren LLP

NAD Finds Ad Featuring Gordon Ramsay Too Harsh

Gordon Ramsay is a celebrity chef, perhaps best known for his fiery temper and the harsh criticism he levels at contestants on his cooking shows. If Ramsay judges that food isn’t cooked properly, that the texture is off, or...more

Kelley Drye & Warren LLP

Ad Law News and Views - September 2024

IN THE NEWS AND LATEST UPDATES - Get these and other stories in real time when you subscribe to the Ad Law Access blog here or visit the Advertising and Privacy Law Resource Center here....more

Kelley Drye & Warren LLP

Highlights from the 2024 National Advertising Division Conference

Last week, advertising and legal professionals, experts, regulators, and business representatives convened in New York for the annual National Advertising Division (NAD) Conference to consider hot topics, share perspectives...more

BakerHostetler

NAD 2024 Recap

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NAD 2024 is in the books. It was a jam-packed two days. You’ll hear more about the NAD conference on this site in the days to come, but here are a few quick highlights....more

Kilpatrick

5 Key Takeaways - Puffery Versus Objective Claims in Advertising: Five Takeaways from the 2024 National Advertising Division...

Kilpatrick on

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to participate recently on a panel at the BBB National Program’s National Advertising...more

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

Venable LLP

At NAD Conference Federal Trade Commission’s Holyoak and Levine Share Contrasting Perspectives on the Agency’s Role

Venable LLP on

At this week’s National Advertising Division Annual Conference, FTC Commissioner Melissa Holyoak and FTC Bureau of Consumer Protection Director Samuel Levine presented starkly different perspectives of the agency....more

Kelley Drye & Warren LLP

Google Unlists Gemini Video After NAD Inquiry

On December 6, 2023, Google introduced its new Gemini AI model with a video that showcased some of its capabilities. The video demonstrated how Gemini could identify hand-drawn images, make sense of gestures, create games,...more

Nutter McClennen & Fish LLP

Beverage Breakdown (August 2024)

Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more. ...more

Kelley Drye & Warren LLP

NAD Decision Considers #1 Claims

LegalZoom makes various #1 claims, including that it is the “#1 choice for online small business formation,” that it is “#1 rated by small businesses,” and that is ​“voted #1 by small businesses.” ZenBusiness challenged these...more

Kelley Drye & Warren LLP

NAD Decision Considers “As Seen In” Claims

LegalZoom has a box on its website with the title ​“As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate...more

BakerHostetler

[Podcast] AD Nauseam: The AD Legend Series – Featuring Mary Engle

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On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more

BakerHostetler

[Podcast] AD Nauseam: Product Demonstrations: Does It Really Work That Way?

BakerHostetler on

On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more

Kelley Drye & Warren LLP

NAD Decision Shows ​“Simple” Claims Can be Complicated

In the spring, we posted about a case involving a heavy dose of makeup. As the summer heat sets in, you may be thinking about a more minimalist approach to your personal care products. If so, Native has you in mind with a...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 12

Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more

Kelley Drye & Warren LLP

Ninth Circuit Considers the Meaning of an ​“Up to” Claim

Energizer claimed that its AA MAX batteries are ​“up to 50% longer lasting than basic alkaline in demanding devices.” Two California men purchased those batteries based on that claim and later filed a lawsuit against the...more

Kelley Drye & Warren LLP

NAD Reviews a Song and Dance on a Porch

Jason Momoa moved into a new neighborhood and was sad because his internet hadn’t been connected. Zach Braff and Donald Faison tried to cheer him up, as good neighbors often do, by singing him a song and dancing on his porch....more

Shook, Hardy & Bacon L.L.P.

NAD Finds Fenty Skin Cleanser Claims Supported, Recommends Changes for Influencer Disclosures

The Better Business Bureau’s National Advertising Division (NAD) has ruled that Fenty Skin LLC provided a reasonable basis for certain product claims made during product demonstrations on social media featuring influencers...more

Kelley Drye & Warren LLP

NAD Considers the Meaning of ​“Ultimate” Claims

Reckitt Benckiser advertises that its Finish Powerball Ultimate Dishwasher Tablets provide the ​“ultimate clean,” even in the ​“toughest conditions,” and even when you ​“skip the rinse.” In my house, the pre-rinse cycle runs...more

BakerHostetler

[Podcast] They Thought it Wouldn’t Last – A One Year AD Nauseam Anniversary

BakerHostetler on

On today’s episode of AD Nauseam, Amy and Daniel talk about the one year anniversary of their podcast and some notable changes in that time....more

Kilpatrick

NAD's Scrutiny of Non-Standard Testing Protocols: A Cautionary Tale

Kilpatrick on

A recent decision by the National Advertising Division (“NAD”) serves as a helpful reminder that companies should generally adhere to accepted industry protocols when testing their products. Using non-standard testing to...more

Kelley Drye & Warren LLP

Ad Law News and Views - May 22

Did you know that the month of May is Get Caught Reading Month? What are you currently reading? Mystery? Science fiction? Biography? History? Humor? Here are some top picks from our Ad Law attorneys...more

Kelley Drye & Warren LLP

NAD Reviews Green Claims for Trash Bags

HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash,...more

Kelley Drye & Warren LLP

NAD Finds Disclosures for Comparative Claims Aren’t Clear

Glad advertises that its ForceFlex MaxStrength bags are ​“25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more

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