AD Nauseam: The Best Podcast (Fact or Puffery?)
JONES DAY TALKS®: Straight Talk About False Advertising: What Every Lawyer Needs to Know
5 Key Takeaways | The Law of Advertising
When it rains, it pours! We just wrote about the National Advertising Division’s (NAD) beef jerky case finding that most claims of “clearly better” were boastful puffs and not comparative claims. But before we fully digested...more
It’s the age-old banter between the marketing team and the marketing lawyers. The song and dance goes something like this...more
Royal Oak sells Super Size charcoal briquets that are 50% bigger than the briquets sold by certain competitors. Royal Oak advertises that “a bigger briquet is a better briquet” and that the briquets provide “the best...more
While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more
If you want to advertise that something is the “best,” do you need substantiation? Or can you rely on a puffery argument? Although the answer depends on context, one paragraph in a recent NAD decision seems to conflict with...more