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 News

Podcast

Ad Watchers: What Does it Mean to Have a “Reasonable Basis” Standard?

Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of...
Listen to the Podcast
Closure

DSSRC Administrative Closure #163

The Direct Selling Self-Regulatory Council (“DSSRC”) contacted a direct selling company (the “Company”) regarding three social media posts that DSSRC was concerned contained health-related product and income claims including statements that may imply that the Company’s products could prevent, treat, or cure COVID-19. After commencement of its inquiry, DSSRC identified three additional social media posts by...
Read more
Closure

DSSRC Administrative Closure #162

The Direct Selling Self-Regulatory Council (“DSSRC”) contacted a direct selling company (the “Company”) regarding social media posts that were disseminated by salesforce members. The subject claims and social media posts came to DSSRC’s attention through its independent monitoring of advertising in the direct selling marketplace.    
Read more
Closure

DSSRC Administrative Closure #161

The Direct Selling Self-Regulatory Council (“DSSRC”) contacted a direct selling company (the “Company”) regarding four Facebook posts that were disseminated by salesforce members of the Company. All four of the post conveyed strong health-related product claims including the message that the Company’s products were effective to treat serious health conditions such as COVID-19, ADHD, dementia, Alzheimer’s...

Read more