7th Edition: Trends in Marketing Communications Law The National Advertising Division (NAD) has become increasingly focused on the issue of speed, both in the context of advertising challenges regarding 5G technology and updates to the NAD’s procedures. Claims Regarding 5G Continue Reading
A Must “Follow”: Stricter Groundwork for Influencer Marketing
6th Edition: Trends in Marketing Communications Law Throughout 2018, regulators and self-regulators stayed focused on deceptive influencer marketing campaigns and native advertising practices across the United States. In an action against Creaxion Corporation, a public relations agency, and Continue Reading
The NAD Exposes Hidden Fees
6th Edition: Trends in Marketing Communications Law As a regulatory force in its own right, the National Advertising Division (NAD) makes waves whenever it brings a challenge on its own behalf against a major advertiser. And, with recent leadership changes for the Advertising Self-Regulatory Continue Reading
NAD’s BuzzFeed Decision May Be a Roadmap for Affiliate Marketing
The Bottom Line Online publishers using affiliate links in association with content that reviews or recommends products to consumers must disclose their relationship with the retailers. In addition, online publishers using affiliate links in paid-for advertising must be able to substantiate product Continue Reading
The NAD Takes on Health and Fitness Fads (and a Few Kardashians in the Process)
5th Edition: Trends in Marketing Communications Law Every year brings with it a new set of health and fitness fads, and a new set of opportunistic marketers seeking to take advantage of consumers’ never-ending desire to look and feel their best. Never one to blindly follow trends, the Advertising Continue Reading
NAD & CARU: West Coast Conferences 2018
Davis+Gilbert is a proud sponsor of the National Advertising Division (NAD) and the Children’s Advertising Review Unit’s (CARU) West Coast Conferences 2018 taking place in San Francisco, CA on May 1-2. Allison Fitzpatrick, Davis+Gilbert Advertising + Marketing partner, will moderate a session Continue Reading
Native Advertising Faces Growing Regulatory Focus
4th Edition: Trends in Marketing Communications Law The continuing growth in native advertising is leading to increasing regulatory scrutiny into whether consumers can distinguish native advertisements from surrounding non-paid content, and whether disclosures are being used Continue Reading
Self-Regulation Meets Self-Mediation
4th Edition: Trends in Marketing Communications Law Revisions to the challenge and appeal process recently introduced by the National Advertising Division of the Council of Better Business Bureaus (NAD) are making proceedings before the NAD considerably more efficient for challengers and Continue Reading
Green Claims May Be Heating Up
4th Edition: Trends in Marketing Communications Law Although the climate change rhetoric coming out of Washington, D.C. may have some believing that regulatory scrutiny of "green" claims will soften, a closer look at the current political and social climate at the state level and in the private Continue Reading
NAD Decision on Challenge to Wegmans’ In-Store Point of Sale Displays Offers Guidance on Grocery Store Price Advertising
The Bottom Line Although the NAD refused to disrupt precedent allowing grocery stores to update their comparative prices on a weekly basis, it left open the possibility that this standard could change upon evidence that retailers check prices more frequently. Retailers should, in all cases, ensure Continue Reading