19 Sep, 2019 Aspiration Is Not Substantiation By Terri Seligman From chickens to pigs: NAD issued its second press release this week announcing a Decision involving animal welfare claims. Like its...
17 Sep, 2019 When Is A Picture NOT Worth A Thousand Words? By Terri Seligman It’s amazing how many blog posts we’ve written about chickens. Or, rather, cases involving chickens. NAD’s recent decision in the...
10 Sep, 2019 Science Evolves. So Must Claims. By Terri Seligman In a recent case, NAD had to grapple with the issue of whether an advertiser’s longstanding claim could no longer be used because of new...
25 Aug, 2019 NAD Referral to FTC Ends With Discontinuance of Claims: Correlation or Causation? By Terri Seligman Not to bury the lede, I'm guessing causation. Back in March 2018, NAD referred advertising claims made by Implus, LCC, for the company’s...
06 Aug, 2019 Claims Substantiation: Hot and Sweaty Lessons from the Trenches By Terri Seligman And from the trenches, I mean other lawyers’ trenches: this wasn’t my case, but I did learn from it. The case involved a challenge by...
30 Jul, 2019 You’re Getting Sleepy, Sleepy… By Terri Seligman Sticking with the theme of my last post about mattresses and pillows, I’m writing today about a new NAD decision involving weighted...
29 Jul, 2019 Don't Forget the FTC Pricing Guides! By Terri Seligman Those of us who practice advertising law are very familiar with the FTC's guides on pricing claims and consult them frequently when...
10 Jul, 2019 The Internet Has Spoken: When Is a Product "Top Rated"? By Terri Seligman It’s been a dry spell for my subway series: I haven’t seen many good ads to riff on for a while now. This morning, though, I saw an ad...
30 Jun, 2019 NAD Wades into FDA Waters to Evaluate No Sugar Added Claim for Oatmilk By Terri Seligman If you live in New York, you see Oatly's cheeky ads for its oatmilk products everywhere: on buses, on the subway, on billboards, and...
21 Jun, 2019 (Some) Smart Sock Claims Get The Boot By Terri Seligman If you're in the wearable technology business, this case is a must-read. In fact, if you're advertising any health or wellness products,...
19 Jun, 2019 Even Yoginis Must Comply with the Endorsement Guides By Terri Seligman In a new decision about influencer advertising, the Electronic Retailing Self-Regulation Program (ERSP) has recommended that Alo Yoga...
17 Jun, 2019 Supporting A #1 Claim By Terri Seligman In a recent action between Reckitt Benckiser, maker of Resolve Carpet Cleaner products, and Bissell Homecare, NAD reviewed Reckitt’s...
23 May, 2019 Claims Testing Must Be Consumer-Relevant and Depiction Must Match The Support By Terri Seligman A recent decision from NAD highlights the importance of ensuring that there is a good fit between the advertiser's claims, its...
14 May, 2019 Competent and Reliable Scientific Evidence: What That Means In Practice at NARB By Terri Seligman A recent decision from the National Advertising Review Board (“NARB”), the self-regulatory body that hears appeals from NAD decisions,...
07 May, 2019 Native Advertising: Label It, Says NAD By Terri Seligman NAD has just published a new Decision concerning advertising for cochlear implants that appeared in an AARP Bulletin. NAD brought the...
16 Apr, 2019 Is "Favorite" A Claim or Puffery? By Terri Seligman Riviana Foods, maker of Ronzoni brand pasta, challenged claims by Goya Foods, maker of Excelsior brand pasta, at NAD. Goya ran ads on...