NAD FINDS NILFISK-ADVANCE VIOLATED NAD PROCEDURES THROUGH USE OF A DECISION FOR PROMOTIONAL PURPOSES

New York, NY – March 30, 2012 – The National Advertising Division  has determined that Nilfisk-Advance, Inc., a maker of commercial floor-cleaning equipment, violated the procedures that govern the advertising industry’s system of self-regulation by issuing a press release that uses the NAD process or its findings for promotional purposes.

NAD procedures provide that parties agree “not to issue a press release

regarding any decisions issued, and … or use and/or disseminate such decision for advertising and/or promotional purposes.”

That prohibition is broadly interpreted:  It is not necessary for a company to specifically reference NAD or specific NAD findings to be found in violation.

Voluntary self-regulation of the advertising industry is a process that requires fair dealing on the part of both parties and an adherence to both the letter and the spirit of the process.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

National Advertising Division Finds Charter’s “Unlimited” Claims Supported; Recommends Clear & Conspicuous Speed Limitation Disclosures

New York, NY – January 7, 2025 – The National Advertising Division found that Charter substantiated certain express and implied claims about its Spectrum Mobile “Unlimited” and “Unlimited Plus” wireless data plans but recommended that Charter modify its website advertising to disclose high speed data...

Read the Decision Summary
Decision

National Advertising Division Recommends Solawave Discontinue Certain Claims for its Advanced Skincare Wand

New York, NY – January 6, 2025 – As part of its routine monitoring process, the National Advertising Division recommended Solawave discontinue certain express and implied claims for its SolaWave Advanced Skincare Wand.

Read the Decision Summary
Decision

National Advertising Division Recommends Oral Essentials Discontinue "Certified Non-Toxic" Claim for its Lumineux Mouthwash

New York, NY – December 30, 2024 – In a Fast-Track SWIFT challenge brought by GuruNanda, the National Advertising Division recommended that Oral Essentials discontinue its claim that Lumineux mouthwash products are “Certified Non-Toxic.” 

Read the Decision Summary
Decision

NARB Recommends T-Mobile Discontinue or Modify Commercial to Better Disclose Conditions of Free iPhone Offer, 20% Savings Claim

New York, NY – December 30, 2024 – A panel of the National Advertising Review Board (NARB) recommended that T-Mobile discontinue or modify its commercial to better disclose the material conditions of its free iPhone 16 Pro offer and its 20% rate plan savings claim compared to AT&T and Verizon. 

Read the Decision Summary