The Ad Watchers

It is common for advertisers to engage in a little healthy competition, directly comparing their products to a competitor’s to inform consumers about the differences between them. But what happens when things get mean? It crosses the line when denigrating claims are false.  The National Advertising Division’s (NAD) mission is to ensure that consumers are getting accurate advertising, to enhance trust in the marketplace. In this final episode of the season, hosts Annie and Eric discuss denigrating claims cases that have come before NAD and how our advertising lawyers break down when a line has been crossed. Tune in to learn practical lessons for advertisers, lawyers, and marketing teams navigating competitor claims. Related Resources: 2025 NAD Annual Conference – register now! Goose Creek Candles “Bath, Body & Home” Genexa Kids Pain Medicine Molson Coors “Tastes Like Water” Welch’s Fruit Snacks Vrbo Host-Free Claims Tempur-Pedic Flimsy Mattresses Dollar Shave Club Parity AT&T’s DirectTV Blue Buffalo Competing Pet Foods Chapters 00:00 – Intro & NAD Conference Reminder 02:00 – Defining Denigrating Advertising 03:00 – Goose Creek vs. Bath & Body Works: “Harmful chemicals” claims 05:00 – Genexa vs. Johnson & Johnson: Ingredient comparisons gone wrong 09:50 – Vrbo vs. Airbnb: “Host-free” campaign and implied disparagement 11:00 – Tempur-Pedic vs. Sleep Number: “Air mattress” claims 18:00 – Blue Buffalo vs. Mars Petcare: Comparative claims and consumer perception 21:30 – Key Takeaways: Humor isn’t a defense, keep it narrow, expect challenges 22:10 – Closing & Season Wrap The post In Your Face – Where do you draw the line with denigration? appeared first on BBB National Programs.

In 2024, 82% of U.S. marketers used influencer partnerships in ad campaigns at a value of a whopping $24 billion. Influencer marketing is a key cornerstone of marketing campaigns, but how much do consumers trust influencers and influencer marketing?  In this episode of Ad Watchers, hosts Annie and Eric are joined by Katie Goldstein of SuperAwesome to discuss recent data commissioned by the National Advertising Division to establish consumer trust in influencer advertising. The survey found that one of the biggest reasons for distrust in influencers is a lack of transparency and honesty about brand association and the disclosure of the connection to the brand. They dig into the data, discuss influencer best practices for brands, and learn about influencer trust as it relates to children.  Key Takeaways: 00:00 Influencer marketing is a cornerstone of modern advertising. 05:48 Consumers expect transparency in influencer-brand relationships. 10:16 Younger demographics are more trusting of influencers but require clear disclosures. 17:09 AI in advertising poses potential risks for misleading claims. 23:02 Key Takeaways and Conclusion: Parents should actively engage with their children’s online content. Not all influencer content is harmful; some can be beneficial. Brands need to align with influencers who share their values. Transparency is crucial for building trust with younger audiences. The FTC emphasizes the need for clear advertising disclosures to kids. Understanding the content can lead to better conversations between parents and children. Related Resources: 2025 Influencer Trust Index Children’s Advertising Review Unit (CARU) CARU COPPA Safe Harbor Program CARU Pre-Screening Services The post Influencer Marketing Consumer Insights: What can lead to distrust? appeared first on BBB National Programs.

Health-related advertising claims are held to a higher standard of proof than other claims. For health-related claims, a “reasonable basis” requires advertisers to provide competent and reliable scientific evidence (CARSE). In this episode, your hosts Annie and Eric dig into the weeds of National Advertising Division cases on GLP-1, claims that certain foods could “boost brain health,” performance claims like “live longer” and “jump higher,” and other drug and dietary supplement claims, including those targeted to creating a “calm mood” in children. Key Takeaways 00:00 Introduction to the National Advertising Division 00:56 Health Claims Overview 02:22 Regulatory Guidance on Health Claims 05:17 Competitor Challenges in Health Claims 08:38 Nutritional Claims and Evidence 11:31 Dietary Supplements and Drug Claims 14:24 Case Studies on Dietary Supplements 15:46 Advertising to Different Audiences 19:07 Claims in Sports Performance Products 22:26 Pain Relief Products and Evidence 23:51 Oral Care Products and Claims 28:36 Final Tips and Conclusion The post Time for a Health Claims Checkup? appeared first on BBB National Programs.

The U.S. advertising industry founded the National Advertising Division (NAD) to build consumer trust in advertising and support fair competition in the marketplace. Through this soft law model, responsible brands voluntarily discontinue or modify challenged misleading ad claims. In this era of deregulation, industry leaders can learn from the advertising industry and keep moving forward even if government does not.  In this episode of Ad Watchers, hosts Annie and Eric talk with Howard Smith, the Executive Director of the Center for Industry Self-Regulation (CISR), a charitable non-profit that is working to educate industries on the power of soft law. Howard discusses the current landscape, the call to action for business leaders to embrace industry self-regulation models for addressing systemic industry challenges, and how CISR is working on an education intuitive that will help provide a long-term solution. Related Resources: CISR’s Research Center Curriculum for Law, Business, and Public Policy Schools CISR’s Incubator for New Ideas The post Expanding Knowledge of Soft Law – What is CISR? appeared first on BBB National Programs.

A single-issue ad law case does not mean it is not an important issue. For the last 5 years, the Fast-Track SWIFT filing track has addressed the increasing speed of online campaigns and the demand for the challenge process to keep pace, issuing decisions within 20 days of the challenge. In this episode of Ad Watchers, hosts Annie and Eric discuss the rapid rise in single-issue advertising NAD challenges, a 3-fold increase in the last three years, and outline the types of cases seen, such as disclosure and #1 claims. Related Resources: Fast-Track SWIFT National Advertising Division Finds ‘Verizon Is the Number One Network Choice in Public Safety’ Claim in Verizon Frontline Commercial Supported National Advertising Division Recommends DREO Limited Discontinue “#1 Brand” Claims for its Fans and Heaters National Advertising Division Recommends Tempur-Pedic Discontinue Disparaging Claims Against Sleep Number National Advertising Review Board Recommends that Perrigo Discontinue ‘#1 Brand of Flossers’ Claims for its Plackers Brand Dental Floss Products National Advertising Division Finds T-Mobile’s Claim that it is the First and Only Wireless Provider to Partner with Starlink Supported In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim  National Advertising Division Recommends Oral Essentials Discontinue “Enamel Safe” Claim for Lumineux Whitening Mouthwash The post 5 Years of SWIFT – Does it meet the need for speed? appeared first on BBB National Programs.

The National Advertising Division (NAD) Annual Report provides a comprehensive look at the year’s ad law trends and hot topics, from influencers to AI to reviews and rankings.  To kick off a new season of Ad Watchers, hosts Eric and Annie provide insights from the 2024 Annual Report and discuss what’s next in the year ahead, along with some timely best practices for advertisers.  Annie and Eric discuss the report, highlighting key trends in advertising law, including the rise of influencer marketing, AI challenges, and comparative claims. They emphasize the importance of compliance in health and safety claims and preview upcoming events, including the 2025 NAD conference. Key Takeaways: NAD has over 50 years of experience in advertising law. The annual report reveals significant trends in advertising disputes. Fast-Track SWIFT filings have increased by 50% since 2023. Influencer marketing cases are on the rise, especially in beauty. AI-related advertising issues are becoming more prevalent. Comparative claims continue to be a major focus for NAD. Health claims require competent and reliable scientific evidence. NAD is seeing new product categories and challenges. The 2025 NAD conference will be held in September in Washington, D.C. Chapters: [00:00] Introduction to NAD and Advertising Law [02:12] Annual Report Insights and Trends [07:29] Influencer Marketing and AI Challenges [12:11] Comparative Claims and Industry-Specific Cases [17:03] Health and Safety Claims in Advertising [19:29] Looking Ahead: NAD Conference and Future Trends The post The Ad Law Trend Report – What were 2024’s hot topics and trends? appeared first on BBB National Programs.

In the final episode of the season, Ad Watchers hosts Annie Ugurlayan and Eric Unis go global. They are joined by Sibylle Stanciu-Loeckx, the executive director of the International Council for Advertising Self-Regulation, to discuss the international landscape of advertising self-regulation, including global hot topics, how countries find consensus on critical advertising issues, and the launch of a new Global Think Tank established to explore advertising’s next frontier. Annie, Eric, and Sibylle discuss the importance of advertising self-regulation on a global scale. They cover the diverse approaches to advertising standards across different countries, the current challenges faced by self-regulatory organizations, and the launch of a new Global Think Tank aimed at fostering collaboration and developing better advertising guidelines. This episode emphasizes the need for ethical advertising practices and examines the role of AI in shaping the future of advertising self-regulation. Key Takeaways: Cultural differences shape advertising self-regulation systems. AI presents both opportunities and challenges in advertising. Collaboration among self-regulatory organizations (SROs) is essential for effective self-regulation. The ICAS Think Tank aims to enhance global advertising standards. Consumer complaints are a significant focus for many SROs. Sustainability and responsible advertising are hot topics globally. US advertising regulations influence global practices. Ethics in advertising is a universal commitment. Chapters 00:00 Introduction to Advertising Self-Regulation 02:02 Exploring ICAS and its Global Impact 10:10 Diverse Approaches to Advertising Self-Regulation 14:52 Current Challenges in Advertising Self-Regulation 20:06 Building Consensus Among Global SROs 24:51 Future Trends in Advertising Self-Regulation Relevant Resources: Solving Shared Challenges: A Global Approach to Advertising Self-Regulation ICAS Global Think Tank Press Release ICAS/EASA Global Guidance on Environmental Claims Listing of ICAS Members NAD 2025 Annual Conference – Sign up for updates Monthly Ad Law Insights Newsletter The post A Chat with ICAS: What Are Ad Law’s Global Hot Topics? appeared first on BBB National Programs.

Artificial intelligence (AI) is top-of-mind for most businesses and on the radar of the National Advertising Division (NAD). In this episode of The Ad Watchers, NAD attorneys Eric Unis and Annie Ugurlayan are joined by guest Ken Crutchfield from Wolters Kluwer Legal & Regulatory U.S. to discuss AI’s potential impact on advertising. Annie, Eric, and Ken chat about how AI is shaking things up in advertising and the law. Their discussion includes a comprehensive overview on the types of AI, how it works, and where advertisers may want to tread lightly. They dive into a recent case where AI was in the spotlight and break down the different kinds of AI out there. Ken brings insights on how AI is changing the legal field, how it can help advertisers get a grip on markets, and why using AI correctly is so crucial. The conversation covers the ups and downs of using AI in ads, what advertisers need to think about, and tips for navigating AI-related challenges. Key Takeaways [03:00] Clear disclosures are crucial when using AI in advertising to avoid misleading claims and copyright infringement. [11:36] Validation of AI-generated content through trusted sources is essential to ensure accuracy and reliability. [15:07] Regulating AI poses challenges, and laws may vary internationally, requiring careful consideration of legal requirements. [21:39] Courts are encountering AI-related cases, and the use of AI in legal proceedings is a topic of discussion. [24:01] The conversation around AI in advertising and the law is ongoing, and further exploration of its implications is necessary. The post AI is Everywhere: What about advertising? appeared first on BBB National Programs.

For this episode of Ad Watchers, our hosts Eric Unis and Annie Ugurlayan, attorneys at the National Advertising Division (NAD), dive into the fine print to discuss disclosures – the what, when, where, and how of ensuring consumers receive the material information they need to make an informed purchasing decision.  From small fonts to fast talking and distracting music, our hosts revisit this common issue area in advertising law. Listen in for a discussion of what it takes for a disclosure to be considered clear and conspicuous and uncover lessons learned from a series of print and TV advertisements that didn’t quite meet the standard for transparency.  For more, listen to Season 1’s episode covering the 4 P’s of a proper disclosure: prominence, presentation, placement, and proximity. Key Takeaways (1:30) Proper execution of disclosures in advertising is crucial to ensure that consumers notice, read, and understand them. (3:26) Disclosures should be clear and conspicuous, using plain English and being in close proximity to the claim or drawing attention to the disclosure. Hyperlinks should be used carefully, ensuring that important information is not hidden behind them and that they are easily noticeable and understandable. (04:23) Consider the specific requirements of different advertising formats, such as TV, radio, and mobile devices, when designing and placing disclosures. (22:06) Disclosures on packaging should be on the same panel as the claim and easily visible to consumers. (24:30) Font size and readability of disclosures should be prioritized, avoiding the need for magnifying glasses. (25:26) Use plain English in disclosures, keeping in mind that they should be easily understood by the average consumer. The post Clear and Conspicuous Disclosures: Can You Read the Fine Print? appeared first on BBB National Programs.

For this episode of Ad Watchers, join us for Eric’s favorite ad law topic: puffery, an exaggerated, blustering, or boastful statement or general claim that could only be understood to be an expression of opinion, not a statement of fact. But where is the line between puffery and a claim that needs a reasonable basis? Our hosts once again revisit a fan favorite and discuss the most recent puffery cases seen before the National Advertising Division, breaking down the various facets of puffery, including the use of emojis, to answer the burning question – does it require substantiation? Eric and Annie discuss the concept of puffery in advertising law, exploring its definition, application, and recent cases. The conversation delves into the nuances of puffery, its context-specific nature, and the challenges of distinguishing puffery from objective claims. It also addresses the use of symbols, emojis, humor, and pride in advertising, providing valuable tips for navigating puffery in advertising claims. Key Takeaways: (2:00) Puffery in advertising law is a nuanced and context-specific concept that requires a deep understanding of consumer expectations and the distinction between subjective and objective claims. Advertisers must assess how their target audience perceives various claims and differentiate between what is considered a mere opinion and a factual statement. (8:21) The use of symbols, emojis, humor, and pride in advertising can impact the interpretation of puffery claims. It may lead to challenges in distinguishing puffery from objective claims since symbols and emojis can add ambiguity, humor can blur the lines between exaggeration and deception, and pride-based claims can appear subjective but sometimes imply objective standards. (9:40) When navigating puffery in advertising claims, it is important to fully brief the issues, keep claims general, and tread carefully with humor to avoid denigrating messages. Ensure all team members are aware of the legal nuances, use generalized statements to reduce the likelihood of factual interpretations, and employ humor cautiously to prevent misinterpretation or offense. (12:57) Understanding recent puffery cases and their outcomes provides valuable insights into the application of puffery in advertising law and the challenges faced by advertisers in defending their claims. Analyzing court decisions helps predict how similar claims might be judged, illustrates the evolving standards and expectations in advertising law, and aids in crafting defensible advertising strategies. More episodes on puffery: It’s Not Puffery. Do You Have The Evidence To Be #1? Best Podcast Episode Ever: What is Puffery? The post The Best Subject In Advertising Law: Is It Puffery? appeared first on BBB National Programs.

In this episode of Ad Watchers, the hosts discuss the topic of consumer reviews and the actions taken by the National Advertising Division (NAD) to ensure their accuracy. They highlight several recent NAD cases related to consumer reviews, including challenges to claims made by Proz hair care products, MyPatriot Supply, Goose Creek candles, and Dr. … Continue reading Revisiting Consumer Reviews: Incentivized, Inflated, or Authentic? → The post Revisiting Consumer Reviews: Incentivized, Inflated, or Authentic? appeared first on BBB National Programs.

In this episode of Ad Watchers, hosts Eric Unis and Annie Ugurlayan, attorneys at the National Advertising Division (NAD), revisit the Federal Trade Commission’s (FTC) Endorsement Guides. Given the recent updates to the Guides, the Ad Watchers have refreshed the tips and best practices from Season One for ensuring ad law compliance when using influencers, … Continue reading Endorsements & Testimonials – So What’s New? → The post Endorsements & Testimonials – So What’s New? appeared first on BBB National Programs.

In this episode of Ad Watchers, your hosts discuss a critical link in the chain of advertising industry self regulation: the National Advertising Review Board, or NARB, the appellate body for National Advertising Division cases.  This episode welcomes NARB Chair and Vice-Chair, Ken Plevan and Heather Hippsley, as well as NARB Manager, Saveeta Dhanai, to … Continue reading What is the Appeal of an Appeal? Getting to Know NARB → The post What is the Appeal of an Appeal? Getting to Know NARB appeared first on BBB National Programs.

In this episode of Ad Watchers, hosts Dan and Annie take you behind the scenes of the U.S. system of self-regulation in the advertising industry and discuss some of the myths, the misconceptions, and misunderstandings advertisers have. This episode presents the Top Ten things the National Advertising Division (NAD) wants to make sure you know … Continue reading The NAD Top 10 — Did you know? → The post The NAD Top 10 — Did you know? appeared first on BBB National Programs.

The Data Privacy Framework (DPF) Program is now in effect, replacing the Privacy Shield Program as the mechanism to allow the safe, seamless transfer of personal data from the EU to the U.S in compliance with EU law. In this special edition episode of Privacy Abbreviated, host Dona Fraser is joined by IAPP’s Cobun Zweifel-Keegan … Continue reading Data Privacy Framework (DPF) is Here – Now What? → The post Data Privacy Framework (DPF) is Here – Now What? appeared first on BBB National Programs.

In 1974, NAD’s sister program, the Children’s Advertising Review Unit, or CARU, was established to monitor an area of national advertising not covered by NAD: the unique children’s marketplace. CARU’s role? To protect children under 13 from advertising that is misleading, inappropriate, or inconsistent with laws and guidelines. In this episode of Ad Watchers, hosts … Continue reading A Different Playing Field. How is Advertising to Kids Different? → The post A Different Playing Field. How is Advertising to Kids Different? appeared first on BBB National Programs.

Discover the intricacies of supporting #1 claims in advertising and gain insights for effective marketing strategies on this episode of Ad Watchers. The post It’s Not Puffery. Do You Have the Evidence To Be #1? appeared first on BBB National Programs.

Discover the truth behind green advertising claims in this episode of Ad Watchers. Join hosts Dan and Annie and guest La Toya Sutton from The Clorox Company in this Earth Day episode. The post It’s Not Easy Being Green. What’s Next in ESG? appeared first on BBB National Programs.

In this episode of Ad Watchers, hosts Dan and Annie discuss the importance of substantiating health-related claims with scientific evidence. The post Are You Taking Care of Your Health (Claims)? appeared first on BBB National Programs.

As the expectation for representation has continued to rise, advertisers are turning to Diversity, Equity, Inclusion, and Belonging (DEIB) efforts to ensure everyone feels seen. NAD recognizes the significance of authenticity in these diverse depictions and will be enforcing new standards to hold companies accountable when they endorse harmful stereotypes in their advertisements.   Hosts Eric and … Continue reading How Can You Ensure Your DEI Efforts Are Authentic? → The post How Can You Ensure Your DEI Efforts Are Authentic? appeared first on BBB National Programs.