Ad Watchers: So, Who’s Making These Advertising Rules?

April 7, 2021

Ad Watchers: So who makes the rules?

In the Ad Watchers podcast series, National Advertising Division (NAD) attorneys Hal Hodes and La Toya Sutton break down common advertising practices to reveal the complexity of keeping claims truthful and accurate. In this first episode, the hosts talk about the guiding principle behind all NAD decisions: consumer understanding. Hal and La Toya discuss what it means to them to step into the shoes of the consumer and break down all the factors that NAD takes into consideration during an advertising review that regulators (e.g., the FTC or FDA) may not.  

Latest Decisions

Decision

National Advertising Division Recommends Natural Diamond Council Discontinue Certain Advertising Claims on Benefits of Mined Versus Man-Made Diamonds

New York, NY – April 22, 2021 – The National Advertising Division (NAD) recommended that the Natural Diamond Council discontinue certain advertising claims comparing mined diamonds with man-made diamonds, including the carbon emissions associated with diamond mining compared with diamond...

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DSSRC Refers Health-Related Product and Earnings Claims for Bulavita to FTC

McLean, VA – April 20, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain representative product performance and earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after Bulavita failed to respond to DSSRC’s inquiry. 

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NAD Finds Certain Zarbee’s Claims Clearly Identify Honey as The Source of the Cough Soothing Benefit in its Cough Products; Recommends Modification of Others

New York, NY – April 15, 2021 – The National Advertising Division (NAD) determined that certain advertising claims made by Zarbee’s, Inc. for its cough products sufficiently identify that honey is the source of the cough soothing benefit and would not reasonably mislead consumers...

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NuWave Voluntarily Modifies Certain OxyPure Air Purifier Claims Following National Advertising Division Inquiry into Implied COVID-19 Messages

New York, NY – April 13, 2021 – Following an inquiry by the National Advertising Division (NAD) of BBB National Programs, NuWave LLC modified claims on its website and in a YouTube video which conveyed implied messages that its OxyPure Air Purifier is effective against COVID-19. The...

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