The Bottom Line The first day of the BBB National Programs' 2024 National Advertising Division (NAD) annual conference focused on fundamental legal issues for advertisers, including comparative advertising claims, puffery, environmental marketing, disclosure, and more. Here are some Continue Reading
ACI’s 8th Advanced Summit on Food Law: Regulation, Compliance and Litigation | Food Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Consumer Reviews in Food Product Advertising
Quick Details Session Overview This American Conference Institute event will equip attendees with the tools and techniques they need to meet the legal and regulatory challenges the food industry is now facing — as well as those to come. During this dialogue session, Ronald Urbach Continue Reading
Whose Ad is it Anyway? NAD Finds “Sponsored” Insufficient Disclosure of Material Connection in Social Posts
The Bottom Line The FTC recently updated its Endorsement Guides, in part to provide clarity and guidance on sufficient disclosure of material connections (i.e., a connection between the endorser and the seller of an advertised product that might materially affect the weight or credibility of Continue Reading
Insights from the 2023 NAD Conference: ESG, Dark Patterns, AI & More
The Bottom Line The recent National Advertising Division (NAD) annual conference focused on the latest developments in advertising law, including issues like environmental, social and governance claims, dark patterns, consumer review practices, artificial intelligence (AI) and much more. As Continue Reading
Aspirational Green Claims: NARB Finds Net Zero Claims Unsupported
The Bottom Line A recent decision from NARB helps illustrate the fine line between a feasible plan to achieve an environmental goal, and the exploratory stages of an aspirational effort.Environmental marketing claims continue to present risk and may lead to challenges – companies must ensure that Continue Reading
Top 10 Advertising and Marketing Issues for 2023
The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of various trends that could threaten their intellectual property rights, reputations and market shares. Meanwhile, regulators are focusing on ensuring consumers — Continue Reading
Do You Strive to Make Aspirational Benefit Claims? Lessons Learned from Recent Decisions
The Bottom Line Environmental marketing claims have been a focus of regulatory, self-regulatory, and class action activity. While claims about past or present environmental benefits clearly require sufficient substantiation, companies should not assume that aspirational statements can be made Continue Reading
Evergreen Focus on Green Marketing at the National Advertising Division
8th Edition: Trends in Marketing Communications Law The National Advertising Division’s role (NAD) in evaluating green marketing is significantly important because the FTC’s Green Guides (which are used to help guide both legal advice and business decisions) were last updated in 2012 and are Continue Reading
Zero Stars: FTC and NAD Will Not Permit Consumer Review Suppression
The Bottom Line The FTC’s guidance for marketers, online retailers and review platforms emphasizes the need for truthfulness in the collection, moderation and publication of consumer reviews.“Suppression” of negative reviews may qualify as a deceptive practice and alleged “suppressors” could face Continue Reading
American Bar Association Webinar | You’ve Come a Long Way, Baby! NAD at 50 and a Look Back at Advertising Self-Regulation
On January 27, Davis+Gilbert chairman Ron Urbach will speak during a roundtable panel titled, “You’ve Come a Long Way, Baby! NAD at 50 and a Look Back at Advertising Self-Regulation” hosted by the American Bar Association. Session Overview This session will discuss key topics such Continue Reading