BBB National Programs Insights

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Avoid Misleading Messages When Advertising Medical Devices

Advertisers of medical devices face complex tasks when marketing their products. In addition to complying with FDA regulations, medical device advertising is subject to the same truth-in-advertising principles set by the FTC. In addition to express claims, marketers are responsible for all the messages reasonably conveyed to consumers in their advertising and should ask some important questions to ensure consumers are not misled. Ask yourself these questions when advertising medical devices to avoid conveying misleading messages.
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Blog

The Do’s and Don’ts of Buying Smart for Baby: A Primer from Privacy Experts

Researching a new product and finding the critical or in-depth information you are looking for to build confidence in your purchasing decision often requires sifting through superficial lists of “best products.” These lists are often sponsored by the products they feature, which means instead of a focus on being helpful they are full of incentivized endorsements and affiliate links. In this blog, we provide a list – not a sponsored list – of some do’s and don’ts for how to confidently research smart devices.
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Blog

When Web Designs Turn Into Dark Patterns And What To Do About It

Recently I wrote about the proliferation of dark patterns and tried to give readers a sense of just how widespread these practices are. But it is not just the pervasiveness of dark patterns that has lawmakers and regulators concerned, it is the intent behind them and their impact on consumers. Nonprofit leaders, in particular, should be aware of this and how to guard against it given that they are well-positioned to garner and enhance consumer trust.
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Blog

Politics Aside, Advertising Gains Guidance on Deception and Substantiation in the 1980s

As we continue to celebrate the 50th anniversary of the National Advertising Division (NAD) we are looking forward while taking stock of past decades, with a special focus on decisions and developments that continue to impact advertising law and NAD cases today. This month we highlight two pivotal moments from the 1980’s that helped shape NAD’s jurisprudence.
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Podcast

Ad Watchers: How Do We Step into the Shoes of the Consumer?

When you see an advertisement, you are likely taking in much more than just the words you are presented with. The visuals, sounds, and way the language is presented can all impact the implied messages that consumers take away. In general, advertisers are required to have a reasonable basis for all messages conveyed, whether express or implied – that’s the easy part. But figuring out...
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Podcast

Ad Watchers: What’s the Recipe for a Proper Advertising Disclosure?

While it may seem like a niche issue to some, disclosures are something every advertising lawyer needs to know about. On this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the ‘Four Ps’ that advertisers must keep in mind when it comes to disclosures: prominence, presentation, placement, and proximity. Tune in to learn more about the ingredients you need...
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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...
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Podcast

With Great Power Comes Great Responsibility

In the inaugural episode of The Accountability Studio, moderator Mary Engle, Executive Vice President, Policy poses a fundamental question to the leadership of BBB National Programs: Does independent, industry self-regulation really work? Program leaders responded with an emphatic ‘yes,’ but also laid out the numerous factors that can contribute to the success or failure of a self-regulatory...

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