29 Apr, 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:...
19 Apr, 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...
08 Dec, 2021 Back on the Subway Series: What Do You Do When Consumers Are Just, Well, Wrong? By Terri Seligman I live in a city where vax rates are fairly high and adherence to common sense protocols, like mask wearing, is generally pretty good....
12 Nov, 2020 Home Use Tests: What Are The Standards? By Terri Seligman Advantice and Arcadia are at it again. After engaging in battle at NAD over Arcadia’s anti-fungal products for athlete’s foot treatment,...
27 Oct, 2020 Size Matters: NAD examines “largest” claims By Terri Seligman In a new Decision, NAD addressed business-to-business claims made by France Media Inc. for its commercial real estate publishing...
29 Sep, 2020 Objective and Subjective Assessments Of Product Performance Should Match Up and Photos Depicting Results Must Be Typical By Terri Seligman As part of its routine monitoring program, NAD requested substantiation for claims made by Zero Gravity (“the advertiser”) for its...
16 Jan, 2020 "The Word 'Choice' Is A Loaded Term" By Terri Seligman No, this is not a blog post about reproductive rights. (Don’t get me started.) Rather, it’s about a new NAD decision concerning an...
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...
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...
08 Feb, 2018 There's Blood in the Water By Terri Seligman In the ongoing battle between competing manufacturers SharkNinja and Dyson, NAD's most recent decision concerns SharkNinja's infomercial...
05 Feb, 2018 NAD Refers Dietary Supplement Ad to the FTC By Terri Seligman NAD has recommended that Pharmavite discontinue the claim "Nearly 4X Better Absorption* *than standard fish oil concentrate, following a...