NAD’s Challenge Process
Any company or non-governmental organization, including trade associations and non-profit organizations, can file a National Advertising Division (NAD) challenge against the truth or accuracy of national advertising in any advertising medium. With the exception of the Fast-Track SWIFT Disclosure track, all NAD challenges are initiated with an opening letter explaining why the challenged claims are misleading, accompanied by supporting exhibits/evidence.
Filing Tracks at a Glance
SWIFT Standard
Fast-Track SWIFT
Eligibility
Single, well-defined issue
Challenge Letter
≤ 5 pages
Evidence
≤ 5 exhibits
Briefings
1 Round
Party Meetings
1 Round
Time to Decision (Business Days)
20
Filing Fees
Based on annual revenue
National Partners
$12,000-$40,000
Non-National Partners:
$15,000-$50,000
SWIFT Disclosure
Fast-Track SWIFT
Eligibility
Sufficiency of disclosures
Challenge Letter
Optional
Evidence
Optional
Briefings
1 Round
Party Meetings
1 Round
Time to Decision (Business Days)
20
Filing Fees
$10,000
Standard Track
Eligibility
Multiple issues: single product/line
Challenge Letter
≤ 20 pages
Evidence
Unlimited
Briefings
2 Rounds
Party Meetings
1 Round
Time to Decision (Business Days)
Final Meeting + 20
Filing Fees
Based on annual revenue
National Partners
$8,000-$36,000
Non-National Partners:
$10,000-$45,000
Complex Track
Eligibility
Multiple issues; complex substantiation
Challenge Letter
≤ 30 pages
Evidence
Unlimited
Briefings
2 Rounds +
Party Meetings
2 Rounds
Time to Decision (Business Days)
Final Meeting + 30
Filing Fees
Based on annual revenue
National Partners
$24,000-$60,000
Non-National Partners:
$30,000-$75,000
Step 1: Select a Track
NAD offers several options for submitting challenges for review, tailored to the nature of the advertising claims at issue and the complexity of the evidence: Fast-Track SWIFT, Standard Track, and Complex Track. All final NAD decisions are eligible for appeal to the National Advertising Review Board.
Expand each option to learn more about the track process, eligibility, and overall timeline.
Step 2: Prepare to Initiate your Case
Filing Fees
Filing fees cover some of the administrative costs associated with the advertising review process. Fees are based on annual revenue per the breakdown below. The filing fees should be accompanied by a statement indicating the category into which the challenger’s gross annual revenue falls. In the case of a subsidiary, the filing fee is determined by the gross annual revenue of the parent company. Filing fee waivers or partial waivers are available if economic hardship is demonstrated. BBB National Programs National Partners receive a discount on filing fees.
NAD’s Monitoring Program
As part of its public interest mission to ensure consumers receive truthful and accurate advertising messages, NAD initiates approximately 20-25% of its cases each year based on its own monitoring of advertising in a wide variety of product categories. The goal of NAD’s monitoring cases is to expand the universe of advertising claims that are reviewed for truth and transparency and provide guidance for future advertising. In determining whether to open a monitoring case, NAD considers whether the advertising meets one or more of the following criteria:
- Targets a vulnerable population (elderly, children, special needs, etc.);
Capitalizes on consumer fears or misunderstanding;
Fills a gap in regulatory efforts of the FTC and state AGs;
Addresses novel or emerging issue of interest for the advertising industry;
Concerns claims that consumers cannot evaluate for themselves;
Achieves diversity among industries that historically participate in self-regulation.
Read the Monitoring Program FAQs
Frequently Asked Questions
We have rounded up the most asked questions we receive at the National Advertising Division. Want to submit a question to be added? Let us know at nad@bbbnp.org.
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Meetings, Decisions, Announcements
Recent Decisions
Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims
McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.
Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action
McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.
Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims
New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.
In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims
New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.”
BBB National Programs provides summaries of all case decisions in the Case Decision Summary library.
For the full text of decisions, subscribe to the Online Archive. For members of the press, the full text
of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.
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