BBB National Programs Insights

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.

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.

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.

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.