Jun 07, 2024 Is the “Ultimate Clean” Really the Best Clean? NAD Addresses Dishwasher Tablet Claims By Ariel Radow Does a word like “ultimate” used in advertising convey a message of superiority? When it came to claims made by Reckitt Benckiser for its...
May 24, 2024 NAD Refers Crisis Pregnancy Center to Attorney General and Social Media Platforms By Terri Seligman As both consumers and advertising lawyers know, there are many ways that unscrupulous advertisers mislead their target audience: they...
Mar 08, 2024 Product Review Sites: Abusive and Misleading? By Terri Seligman Let’s say you’re shopping for a new credit card or perhaps a new skin care regime. You go online and do a search like “best travel...
Dec 05, 2023 Trash Talk: Part 2 By Terri Seligman When I blogged about claims that denigrate competitors just last week, little did I know that another relevant decision was about to be...
Dec 01, 2023 Trash Talking Your Competitors: How Far Can You Go? By Terri Seligman Two recent cases explore trash talk, more formally known in the ad law world as “denigration.” When it’s okay and when it falsely...
Mar 03, 2023 Another Dark Patterns Case at NAD By Terri Seligman NAD doesn’t often address pricing issues so when it does, I pay close attention. A recent case is especially interesting because it’s...
Jan 29, 2023 Your Audience Matters By Terri Seligman A recent Decision from NAD serves as an excellent reminder that, in advertising law, it’s not just important what you say, but to whom...
Jan 03, 2023 NAD Ends 2022 With A Bang Not A Whimper By Terri Seligman 2023 is here, but a few NAD cases published towards the end of 2022 are worth noting. One case of interest is one initiated by NAD itself...
Dec 27, 2022 Product Review Site and The Impact of Affiliate Links Scrutinized by NAD Again By Terri Seligman Like the FTC, NAD has long been interested in the product review ecosystem and, in particular, in review sites that purport to be...
Dec 02, 2022 Can NAD rule on a piece of collateral that the challenger had no business seeing? By Terri Seligman Apparently so. In what may have been an issue of first impression in the self-regulatory forum, NAD examined the claims in a sales...
Nov 04, 2022 Debt Settlement Claims at NAD, Part 2: Vulnerable Consumers, Up To Claims and Advertiser-Owned Review Sites By Terri Seligman And I was right. In my recent blog post about another NAD Decision, I noted that NAD is clearly paying attention to the debt settlement...
Sep 14, 2022 Vulnerable Consumers, Testimonials and Reviews At Issue in New NAD Decision By Terri Seligman Those of us who read NAD Reports regularly know that each Decision includes a heading that states the underlying principle at issue in...
Aug 18, 2022 When Test and Claim Don’t Fit By Terri Seligman A couple of recent cases from NAD underscore the importance of analyzing the type of substantiation you have to determine if it really...
Apr 29, 2022 Can You Agree to Stop Doing What You Don’t Even Know You’re Doing? By Terri Seligman A recent decision from NAD got me pondering, again, about what is, I think, a deeply philosophical question – or at least a conundrum:...
Apr 19, 2022 Alone, Puffery. Together, A Claim. By Terri Seligman I often think that figuring out the courts’ and NAD’s position on whether a particular statement is puffery or a claim is almost a...
Mar 30, 2022 More Guidance from NAD on Product Reviews By Terri Seligman Function and Prose, two “online purveyors of customizable hair products” (and clearly fierce competitors) have been at it for a while,...