Tag Archives: NAD

NAD Whitening Strips Case Illuminates How NAD May Incorporate New FTC Health Claims Guidance

By Amy Ralph Mudge on March 8, 2023 Posted in NAD

So our holiday gift from the FTC, which flew a bit under the radar if you ask us, was the Health Products Compliance Guide. This was quietly heralded as an update to the 1998 Dietary Supplement Advertising Guides, but oh dear readers, it is so much more. I don’t want to be overly dramatic, but … Continue Reading

The Podcast You Didn’t Know You Were Missing – AD Nauseam

By Amy Ralph Mudge and Daniel Kaufman on March 1, 2023 Posted in FTC

It’s not every day that we get to announce new content created especially for advertising and marketing enthusiasts who just can’t get enough about legal issues in advertising and the latest from the Federal Trade Commission and the National Advertising Division. With that, we are proud to launch AD Nauseam, a new podcast series from … Continue Reading

BBB National Programs 2022 Annual Report Highlights NAD Trends to Watch

By Amy Ralph Mudge on February 27, 2023 Posted in FTC

We always look forward to the thoughtful and data-rich report National Advertising Division (NAD) issues each year summarizing the work it has accomplished in the past year. Some of the data can be a bit difficult to parse, as some numbers are reported in cases decided in the prior year, while other numbers are reported … Continue Reading

NAD Gives Net-Zero Claim a Grade of Zero

By Randal M. Shaheen on February 22, 2023 Posted in Advertising

As consumers have increasingly looked to see whether the companies they do business with have taken steps to benefit the environment, companies have often responded by announcing environmental goals. Why goals? First, a goal of 100 percent carbon emissions reduction by 2040 sounds a whole lot better and loftier than saying last year, we reduced … Continue Reading

Straight Talk from NAD: Recent Case Outlines when Comparative Claims Must Be Qualified

By Amy Ralph Mudge on August 12, 2022 Posted in Advertising

Sometimes advertising lawyers can be real drama royals. But I do think the latest in the teeth-straightening wars at NAD deserves some attention. I am not yet sure if this signals a new direction for NAD or if this case will be more limited to cases with comparative savings messages. But its recommendation goes beyond … Continue Reading

NAD Cleans Up ‘Doctor Recommended’ Claim for Baby Wipes

By Amy Ralph Mudge on August 12, 2022 Posted in Advertising

It is too early to tell if we have a baby wipes war developing to compete with the diapers wars, but we certainly have had lots of activity this year involving the disposable cleanup cloths. An earlier action focused on the adequacy of the substantiation of a claim that WaterWipes were the “#1 wipe against … Continue Reading

Auld Lang Syne 2021 – Significant Events of the Past Year

By Linda A. Goldstein, Daniel Kaufman, Amy Ralph Mudge and Randal M. Shaheen on January 4, 2022 Posted in Year in Review

Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked four of our partners to each select two interesting developments from the year. … Continue Reading

Butt isn’t it just puffery if it is funny?

By Amy Ralph Mudge and Randal M. Shaheen on February 20, 2020 Posted in Advertising

We’ve said it before, and we’ll say it again: NAD does not have a great sense of humor when it comes to false disparagement dressed up in a joke. And it hurts our hearts, as at least one of us really is a tween boy trapped in a middle-aged lady’s body. Yes, farts make Amy … Continue Reading

FTC on Influencers and Consumer Reviews from the NAD Conference

By Matthew Renick on September 27, 2019 Posted in Advertising, FTC

Earlier this week at the National Advertising Division (NAD) annual advertising law conference, Mamie Kresses, a senior attorney in the Bureau of Consumer Protection, Advertising Practices division at the Federal Trade Commission (FTC), offered her views on influencers and consumer reviews, two topics near and dear to our hearts. We wanted to share some key … Continue Reading