When an advertiser makes a comparison against a category of products, it must generally substantiate the claim against 85% of the products in that category. It’s common for advertisers to narrow down a category in order to...more
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
Royal Oak sells Super Size charcoal briquets that are 50% bigger than the briquets sold by certain competitors. Royal Oak advertises that “a bigger briquet is a better briquet” and that the briquets provide “the best...more
Earlier this year, Coca-Cola reformulated its Powerade beverage to include more electrolytes. In some ads, it boasted that the beverage now contained “50% more electrolytes vs. Gatorade Thirst Quencher.” One social media...more
NAD recently issued a decision in a challenge that Bath & Body Works (or “B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. The decision covers a lot of ground, and yesterday we...more
NAD recently issued a decision in a challenge that Bath & Body Works (or “B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. Although the decision covers a lot of ground – B&BW...more
Google recently ran two commercials for its YouTube TV service, each of which ended with the following tagline: “More than cable. For $600 less than cable.” A disclosure at the bottom of the screen explained: “Annual average...more
If a review site ranks your product as the top in a category, can you advertise that you’re “number 1” in that category? The answer may not be as simple as it seems, and two NAD cases – one from three years ago and one from...more
For centuries, monsters have been vilified in countless books and films. Although the bad reputation that monsters have earned is generally well-deserved – they do, after all, frequently hurt people, destroy things, and...more
If you want to advertise that your product performs better than a competitor’s product, you’re likely going to have to run tests to substantiate that claim. In some cases, there may be industry standard tests that could help...more
My law firm picture was taken on a Tuesday morning, but I’ve always lamented that the photographer wasn’t available to take it on a weekend, which would have given me a better opportunity to showcase my Saturday night hair....more
The makers of Bravecto ran a TV ad comparing Bravecto and NexGard – both flea and tick prevention products – and starring one of the actors from Best in Show. The makers of NexGard challenged the ad before the NAD and the...more
Last week, NAD announced a decision involving a series of AT&T Fiber ads that holds important lessons for companies that make comparative performance claims.
Each of the ads depicts a funny scene in which a cable user is...more
Earlier this year, Align Technology filed an NAD challenge against SmileDirectClub over claims that company made about its teeth aligners. After that, SmileDirectClub filed its own challenge against Align over claims that...more
This month, NAD announced a decision involving T-Mobile’s ads for its TVision service. The service currently allows subscribers to watch TV over a wired broadband connection, though T-Mobile plans to offer wireless technology...more
Advertisers who want to tout the comparative advantages of their products have a number of options for framing those comparisons. For example, they can compare their products to specific products, they can compare their...more
Yesterday, the Virginia Attorney General announced that it reached a settlement with Hobby Lobby over the retailer’s price comparisons. According to the press release, Hobby Lobby advertised discounts compared to “other...more
This week, the NAD published a decision involving an infomercial for the Shark Rocket DeluxePro vacuum. Although the decision covers several issues – including comparative claims, product demonstrations, and consumer...more