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NAD Chews On Meal Kit Delivery Service Claims

A claim of “more flexibility” had adequate support, but other challenged claims—such as “more choice” and “Rated #1”—should be discontinued, the National Advertising Division (NAD) recommended in a case that involved the...more

Beer Ads Up to Code, Self-Regulatory Body Concludes

A beer company’s ad campaign did not run afoul of the industry’s self-regulatory principles, the Code Compliance Review Board (CCRB, or the Board) of the Beer Institute recently determined. The CCRB is composed of individuals...more

NARB: Customer Stories Should Come to an End

Reviewing two commercials featuring a “paid real customer story” where the individuals recounted an experience with Verizon Wireless service, the National Advertising Review Board (NARB) recommended that the ads be modified...more

1/27/2020  /  Advertising , NARB , Verizon

New Year, New NAD Fees and Procedures

The National Advertising Division (NAD) started 2020 with updated fees and the announcement that new procedures would be implemented in the coming months....more

1/16/2020  /  Advertising , Fees , NAD

Fortnite Lawsuit a Battle Over Jack-o’-Lantern Figures

Taking the offensive, Epic Games filed suit against an Omaha news anchor seeking a declaration that its wildly popular video game Fortnite does not infringe his copyright or trademark rights....more

Supplement Claims Should Be Discontinued, NAD Recommends

In a new decision, the National Advertising Division (NAD) recommended that the marketer of a dietary supplement discontinue claims about its product performance and safety, its testimonials, and its “doctor recommended”...more

Weight Loss Supplement Class Gains $4.6M Settlement

A challenge to the claims about effectiveness of weight loss pills has settled for $4.6 million. Fred Duran and other, later-joined plaintiffs filed suit against Obesity Research Institute, Continuity Products and related...more

Cover Your Eyes: NAD Recommends Pepper Spray Discontinue Claims

The National Advertising Division (NAD) has recommended that an advertiser discontinue performance claims for its pepper spray in a challenge brought by a competitor....more

FTC Closes Inquiry Into Textile Act Violations

Continuing its focus on country-of-origin claims, the Federal Trade Commission (FTC) recently closed an investigation into claims made by Thomaston Mills about its products covered by the Textile Products Identification Act....more

Clearing the Air: NAD Recommends Discontinuing Air Purifier Claims

Performance and comparative superiority claims for an air purifier should be discontinued, the National Advertising Division (NAD) recently recommended, although the advertiser plans to appeal part of the decision. ...more

11/20/2019  /  Advertising , False Advertising , Marketing , NAD

New in False Ad Suits: Mustard Origination, Fake Sales and ‘Natural’ Lotion

New false advertising class actions filed by consumers allege that Maille mustard products are not made in France, that Old Navy touted fake sales and that St. Ives’ lotion is not “all natural” as described....more

FDA, FTC Warn CBD Maker Over Product Claims

In a joint warning letter, the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) cautioned Rooted Apothecary LLC about the claims it made for its cannabidiol (CBD) products....more

FTC Knocks Down MLM Pyramid Scheme

The Federal Trade Commission reached a $150 million deal with multilevel marketing (MLM) defendants that also includes a ban from the business. ...more

Self-Regulatory Bodies Send Cases to FTC

Facing no response from advertisers, both the Digital Advertising Accountability Program (Accountability Program) and the Digital Selling Self-Regulatory Council (DSSRC) referred cases to the Federal Trade Commission (FTC)...more

ERSP Recommends Certificate Program Claims Be Modified, Discontinued

Claims made in online and print advertising for a real estate and tax lien certificate investing program should be modified or discontinued, the Electronic Retailing Self-Regulation Program (ERSP) recently recommended. ...more

10/16/2019  /  Advertising , Retailers , Tax Liens

NAD Recommends Animal Welfare Claims Be Discontinued

Animal welfare claims on packaging for Hatfield pork products should be discontinued, the National Advertising Division (NAD) recommended to Hatfield Quality Meats in a recent decision....more

10/8/2019  /  Advertising , Animal Health , NAD

California Court Finds Inaccurate Picture of Beans on Label Actionable

A California court denied Arizona Canning Company’s motion to dismiss an action challenging the depiction of its canned beans, moving forward a false advertising suit brought by a pair of consumers in the state....more

NARB, FTC Consider National Origin Claims

With national origin claims on the enforcement radar of both the National Advertising Review Board (NARB) and the Federal Trade Commission (FTC), the FTC announced a public workshop later this month to consider claims such as...more

FTC Warns Companies on CBD-Infused Product Health Claims

The Federal Trade Commission warned three companies on Sept. 10 that they could not legally advertise that their CBD-infused products can “prevent, treat, or cure a human disease without competent and reliable scientific...more

Challenge to ‘Natural’ Eyelash Products Reaches $3.25M Deal

A cosmetics company can close its eyes on a lawsuit over the marketing of its eyelash products after reaching a $3.25 million deal in a putative class action. Younique LLC touted its Moodstruck 3D Fiber Lashes as...more

NAD Gives Online Review Promotion a Negative Grade

Consumer product reviews were the subject of a new decision from the National Advertising Division (NAD) when it challenged reviews that failed to disclose they were the result of advertiser-provided incentives....more

NARB Brushes Up on Toothbrush Claims

Considering comparative advertising for the Sonicare DiamondClean toothbrush, a panel of the National Advertising Review Board (NARB) agreed with the National Advertising Division (NAD) that the advertiser should modify...more

Retail and Consumer Products Law Roundup - August 2019

Retail Spotlight on ADA Compliance: Donald Brown - In the decade since amendments to the landmark Americans with Disabilities Act (ADA) took effect, businesses across all industries have confronted constant legal...more

NAD Throws Wet Blanket on Weighted Blanket Claims

Weighed down by the advertiser’s performance claims, the National Advertising Division (NAD) recommended that Weighting Comforts modify or discontinue the express claims for its weighted blankets....more

Don’t Sleep On Price Comparison Claims, NAD Cautions

Nectar Sleep LLC should discontinue “limited offer” advertising claims for its Nectar mattress, the National Advertising Division (NAD) recommended in a challenge brought by competitor Tuft & Needle....more

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