With a Little Nudge from the FTC—NAD Able To Take a Closer Look at "Smarter Reviews" Advertising - Following a referral to the FTC, a "review" site suspected of improperly making advertising claims that look like editorial...more
Smile Prep operates a website that provides reviews of clear aligners (or “invisible braces”) based on an “extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some of the...more
In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more
Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more
World's No. 1 Meat Manufacturer's "Net Zero" Claims Aren't All Hogwash, But They're Not Exactly Substantiated, NARB Concludes - Claims that the world's largest producer of animal meat and protein products will achieve "net...more
The National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has recommended that JBS USA Holdings, Inc., discontinue claims regarding its goal of achieving net zero emissions by...more
Whether it is the FTC or the National Advertising Division, reviews are a hot topic and content posted by third-party review sites an even hotter one. The line between unbiased reviews and affiliate advertising and by...more
Will Unanimous Supremes Stem the TCPA Tide? With a ‘random’ decision, SCOTUS reshapes the landscape of telemarketing law - What a Long Strange Trip It’s Been - Back in July of last year, we offered a summary of the...more
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
The National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, recently announced that a new “Fast Track” challenge process is now available to members of the advertising industry. The SWIFT...more
The BBB National Programs’ National Advertising Division (NAD) announced April 2, 2020, that it has launched a new fast-track challenge process called the Fast-Track SWIFT (short of Single Well-Defined Issue Fast Track)...more
Important information for brand protection, including recent Arent Fox News on advertising and marketing issues, as well as headlines that matter for privacy and data security. FTC Investigates Financial Products Review Site...more
Smells Like Mean Spirit? Bargain airline sued over Shortcut Security line - Bare Boned - If your company’s brand is all about the bargain, you can expect some to identify your company with cheaper services and the...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
IMC Releases Best Practices for Fraudspotting - Dig into the numbers, says industry watchdog - All-Star Game - Look, the Influencer Marketing Council sounds cooler than it actually is....more
No advertiser likes challenges to its advertising, whether by private litigants, state or federal governmental agencies, or in voluntary self-regulatory NAD proceedings. But for companies whose advertising is challenged at...more
FTC Files Complaint for Alleged Skin Care Negative Option Scheme - Complaint alleges hidden transactions, auto pay programs - Occupational Therapy? If the Federal Trade Commission (FTC) has got its details right,...more
California Consumer Privacy Act Updates - On Wednesday, Feb. 20, the California Assembly Committee on Privacy and Consumer Protection held a hearing on the California Consumer Privacy Act (CCPA)....more
Earlier this week, the Direct Selling Self-Regulatory Council (DS-SRC) opened its doors for business. Its objective is to provide independent, impartial, and comprehensive monitoring of direct selling companies on an...more
In This Issue: - Success Rates for Neurofeedback Therapies Reviewed by NARB - New Slack-Fill Class Action Gets to the Pint - Seventh Circuit Not Moooved by False Advertising Appeal - Come See About Fees: The Supremes...more
NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more
"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more
Upromise's Broken Promise to FTC Costs $500,000 - For going back on its promise to abide by the terms of a Federal Trade Commission order, Upromise will pay a $500,000 civil penalty to the agency. The membership...more
Study Finds Low Compliance for Native Advertising - According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising guidelines. ...more