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
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
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
The National Advertising Division (NAD) started 2020 with updated fees and the announcement that new procedures would be implemented in the coming months....more
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
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
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
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
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
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.
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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
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
The Federal Trade Commission reached a $150 million deal with multilevel marketing (MLM) defendants that also includes a ban from the business.
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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
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.
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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
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
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
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
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
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
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 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
8/19/2019
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Compliance ,
Department of Justice (DOJ) ,
E-Cigarettes ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Influencers ,
Marketing ,
NAD ,
New Guidance ,
Nike ,
Retailers
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
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