5 Key Takeaways | Nuts and Bolts of NAD Proceedings
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
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
The National Advertising Division (NAD) issues decisions on a periodic basis involving advertising claims submitted to it for review. Although the full case decisions are not publicly available without a subscription, the...more
The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s...more
Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a...more
Last month, the National Advertising Division of BBB National Programs reviewed Pier 1’s subscription rewards program and recommended that the company provide clearer disclosures of the automatic renewal program. The...more
Barry M. Benjamin, managing partner of Kilpatrick Townsend’s New York office and chair of the firm’s Advertising and Marketing group, was honored to co-present at a session from the 2022 ANA Masters of Advertising Law...more
Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more
Cough relief claims for Zarbee’s, Inc., cough products were challenged by a competitor, Maty’s Healthy Products, LLC, with the National Advertising Division (NAD) of BBB National Programs. Both companies sell honey-based...more
If you’ve never had insomnia, consider yourself lucky. For the rest of us still awake at 3:00 am trying to count sheep, the promise of a plush mattress made out of clouds seems like a dream come true....more
In February, 2020, Kilpatrick Townsend hosted two BBB National Programs events on Hot Topics in Advertising and Privacy Law, first in its San Francisco on February 11 and then in its Atlanta office on February 26. Barry...more
A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers who participate but decline to be bound by an NAD Decision can expect to be...more
For companies with annual gross revenue of $5 billion or more, the new NAD filing fee is $35,000, while companies with annual revenue of between $250 million and $5 billion will have to pay $30,000. Previously companies with...more
The NAD case between AT&T and T-Mobile is just the latest development in the ongoing battle over 5G, the next generation of technology for wireless networks. All of the wireless providers are racing to upgrade their existing...more
This month, two self-regulatory bodies that are administered by Better Business Bureau National Programs, Inc. (BBB), referred two different companies to the Federal Trade Commission (FTC) for investigation. First, on...more
If you’re interested in garbage, the crass objectification of male celebrities, or both – or if you consider the two roughly equivalent – have I got a false advertising case for you! Despite their “Don’t Get Mad; Get Glad”...more
Two recent decisions of the National Advertising Division of the Better Business Bureau provide helpful insights into how product performance comparisons should (and should not) be crafted to be considered fair comparative...more