Green marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the...more
In recent months, companies have scored some notable victories in lawsuits involving various types of green claims, including carbon emission claims, aspirational claims, and recyclability claims. As we noted in some of those...more
This week, NAD announced a decision involving various claims made by Accredited Debt Relief and its marketing agency. Although parts of the decision will likely only be of interest to companies who operate in the debt...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
The FTC and six states just announced that they had filed a lawsuit against Roomster – a platform through which people can find rooms and roommates – along with its owners, alleging that they had “inundated the internet with...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
Sustainability continues to be a hot topic in the fashion industry, both in ads and in lawsuits related to those ads. Last month, a plaintiff filed a proposed class action against H&M arguing that the company makes various...more
As heat waves spread across the country, many men are looking for opportunities to go without socks. (To those men, I might suggest a good pair of no-show socks but, like with other grooming tips, that’s beyond the scope of...more
A California Appeals Court answered that question in the affirmative, denying a writ of mandate filed by a manufacturer on the basis that the trial court improperly denied its Motion to Quash for lack of personal...more
TINA.org recently announced that it had filed complaints with the FTC and the Connecticut Department of Consumer Protection, urging them to investigate Hello Fresh’s marketing practices related to a campaign advertising...more
Last month, my colleagues posted about the FTC’s proposed changes to the Endorsement Guides. This post takes a closer look at how those proposed changes could impact influencer campaigns by answering five questions that we...more
Lions Not Sheep is a clothing company that, in its own words, allows consumers who wear its clothes to “show people it’s possible to live your life as a LION, not a sheep.” In addition to making people aware of that...more
Last year, we posted about a lawsuit against Allbirds alleging (among other things) that the company’s environmental claims – including claims about its “sustainable” practices, the “low carbon footprint” of its shoes, and...more
Companies that make environmental or “green” claims generally refer to the FTC’s Green Guides for guidance on what they can and cannot say and what substantiation they need. At this point, though, the Green Guides are more...more
Last week, the New York Attorney General announced that Fareportal had agreed to pay $2.6 million to end an investigation over its use of “dark patterns” to manipulate consumers into booking flights and hotel accommodations....more
Most NAD challenges are initiated by competitors, but NAD can also initiate its own inquiries as part of its mission to independently monitor national ads for truthfulness and accuracy. Over the past few months, NAD has...more
Last week, Jessica Rich wrote about the FTC’s rulemaking plans for 2022. Make sure you read that post for a detailed analysis of what the Commission is planning. As we looked at which of those topics have generated the most...more
In a post last week, we looked at NAD’s review of Everlane’s green claims relating to the company’s use of recycled plastic in its products and its aspirational goals to remove virgin plastic from its entire supply chain by...more
The Children’s Advertising Review Unit (or “CARU”) has guidelines that apply to ads directed to children who are under 12 years old. A lot has changed since the guidelines were last updated in 2006, and CARU recently...more
A recent NAD decision that focuses on detergent claims touches on some issues – including implied claims and disclosures – that are relevant to all advertisers. The decision covers a lot of ground, but we’ll focus on a few...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? Not necessarily. A recent NAD decision explains why.
A competitor challenged TaxSlayer’s claim that...more
In the world of influencer marketing, a person’s power is often measured in terms of followers, “likes,” and other types of engagement. Because more followers and more engagement generally means more reach, companies who work...more
Earlier this week, Truth in Advertising (or “TINA.org”) sent a letter to the FTC urging the Commission to investigate Diageo’s use of influencers to market Ciroc vodka on Instagram. According to the letter, TINA.org collected...more
The NAD recently announced a decision in which it analyzed whether consumers would interpret claims in two commercials about Perdue’s happy chickens and organic practices to apply to all of the company’s chickens or only some...more
As consumers get ready to watch the 2018 Winter Olympic Games, some companies are getting ready to capitalize on the public enthusiasm. Many marketers want to incorporate Olympics-related themes – ranging from overt mentions...more