Ad Watchers: Putting Ads to the Truthfulness Test

Mar 8, 2022 by La Toya Sutton, Attorney, National Advertising Division, BBB National Programs

The monthly Ad Watchers podcast kicked off in the 50th year of the National Advertising Division (NAD), providing listeners with behind-the-scenes access to the nitty-gritty of advertising law. Why? As the co-hosts told you, it’s “because advertising law is simple, it’s the execution that’s hard.”  

To get things started, the podcast answered the foundational question: who makes the rules? It is a common misunderstanding that NAD creates or establishes standards for the U.S. advertising industry. But NAD does not make the rules (learn who does in Who Makes the Rules). Rather, NAD monitors the marketplace and resolves conflicts between companies regarding the truthfulness and accuracy of advertising, ultimately determining whether it is misleading and if the ad needs to be modified based on standards and guidance set by the Federal Trade Commission.  

Across the seven episodes in season one of Ad Watchers, NAD attorneys broke down some of the most frequent advertising issues addressed in NAD cases to reveal the complexity of keeping claims truthful and accurate. Our hosts answered questions like, ‘what makes a disclosure easy to notice, read, and understand?’ and ‘where is the line between opinion and fact?’ applied to current advertising examples from NAD case decisions.  

Season two is just around the corner. This year we have seven more episodes coming your way on topics such as effectively using consumer perception surveys, diversity and inclusion in advertising, and demystifying dark patterns.  

Have an idea for a topic you would like to see covered or a question you want answered in season two? Let us know here

 

Catch up on Season One’s Episodes 

  • Ep. 1: Who’s making these advertising rules? 
  • Ep. 2: What does it mean to have a reasonable basis?
  • Ep. 3: What’s the recipe for a proper advertising disclosure?
  • Ep. 4: How do we step into the shoes of the consumer?
  • Ep. 5: The best podcast ever – what is puffery?
  • Ep. 6: When are advertisers responsible for consumer ratings and reviews?
  • Ep. 7: What evidence do you need to support health claims? 

 

You can subscribe to receive email alerts when new podcast episodes are available.  

Suggested Articles

Blog

Fifty Shades of Consumer Health Data: Unclear Expectations for Digital Privacy

While momentum continues to build around what a regulated consumer health privacy landscape looks like, the environment remains shrouded in shades of gray. To date, a risk-based approach to consumer health data does not exist, but we believe a sliding scale for the risks carried by consumer health data should.
Read more
Blog

Fifty Shades of Consumer Health Data: How a Risk-Based Approach Provides More Clarity

This piece includes a list of routine examples of consumer health information, that, at face value may have one level of risk. But, depending on the context and the risk associated with the use of that data, and whether it is combined with other data sources and data elements or made available in the public domain, it could lend itself to differing levels of regulation and enforcement activity.
Read more
Blog

California Privacy Enforcement: Whose Job Is It Anyway?

The California Privacy Rights Act of 2020 went into effect bringing new privacy rights to California consumers and created the California Privacy Protection Agency. CCPA will continue to be enforced by the California Office of the Attorney Genera. Which begs the question: Whose enforcement is it anyway?
Read more
Blog

Unsubstantiated Claims May Lead to Civil Penalties

The U.S. economy is built on a fair and transparent product marketplace. It is the responsibility of companies to have adequate substantiation for health and safety claims and to hold their competitors to the same standard.
Read more