NAD’s Challenge Process
Any company or non-governmental organization, including trade associations and non-profit organizations, can file a National Advertising Division (NAD) challenge against the truth or accuracy of national advertising in any advertising medium.
With the exception of the Fast-Track SWIFT Disclosure track, all NAD challenges are initiated with an opening letter explaining why the challenged claims are misleading, accompanied by supporting exhibits/evidence.
Filing Tracks at a Glance
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SWIFT Standard
Fast-Track SWIFT
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SWIFT Disclosure
Fast-Track SWIFT
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Standard Track
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Complex Track
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|---|---|---|---|---|
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Briefings
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1 Round
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1 Round
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2 Rounds
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2 Rounds +
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Challenge Letter
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≤ 5 pages
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Optional
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≤ 20 pages
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≤ 30 pages
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Eligibility
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Single, well-defined issue
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Sufficiency of disclosures
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Multiple issues: single product/line
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Multiple issues; complex substantiation
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Evidence
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≤ 5 exhibits
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Optional
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Unlimited
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Unlimited
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Filing Fees
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National Partners: $12,000-$42,400 | Non-National Partners: $15,000-$53,000
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$11,200 - $14,000
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National Partners: $8,000-$38,400 | Non-National Partners: $10,000-$48,000
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National Partners: $24,000-$63,200 | Non-National Partners: $30,000-$79,000
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|
Party Meetings
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1 Round
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1 Round
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1 Round
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2 Rounds
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Time to Decision (Business Days)
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20
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20
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Final Meeting + 20
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Final Meeting + 30
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Step #1: Select a Track
Fast-Track SWIFT
Fast-Track SWIFT is an expedited track, appropriate where all claims challenged – either express or implied – raise a single well-defined issue and do not require review of complex evidence or argument (such as clinical or technical testing, consumer perception surveys, etc.).
- Opening letter is limited to five pages, as is the advertiser’s reply.
- Evidentiary submissions are limited to five exhibits, along with samples of the challenged advertising.
- One round of briefings and one round of NAD meetings with each party.
- Decisions are issued within 20 business days from the date payment is received and the advertiser receives the challenge.
Fast Track SWIFT-Disclosure
An expedited SWIFT track for challenges that relate exclusively to the sufficiency or prominence of a disclosure, including issues that arise in influencer marketing, native advertising, and incentivized reviews.
SWIFT-Disclosure is the same as the standard SWIFT track, except that the opening letter and evidentiary exhibits are optional, but if submitted follow the same requirements for SWIFT outlined above.
An advertiser may object that a case is not appropriate for SWIFT within four business days after the challenge is filed. If NAD determines a challenge is not suitable for the SWIFT track, the challenger will have the option to refile as a Standard Track challenge.
Standard Track
Standard Track is a broad filing track that supports challenges on the truth and accuracy of advertising for multi-claim cases for a single product or line.
- Opening letter and subsequent submissions for both parties are limited to 20 pages.
- Evidentiary submissions have no limits.
- Two rounds of briefings and one round of NAD meetings with each party.
- A challenger may expedite the process by waiving its reply.
- Decisions are issued typically within 20 business days after NAD meets with the advertiser.
Complex Track
Complex Track challenges support advertising challenges with claims requiring complex substantiation and/or involve numerous claims for a variety of products.
In this track, NAD shares feedback about evidence submitted and parties can ask questions and provide specific evidence or demonstrate why they believe certain evidence is sufficient.
- Opening letter and subsequent submissions for both parties are limited to 30 pages.
- Evidentiary submissions have no limits.
- NAD meets jointly with the advertiser and challenger for a scheduling conference to map out the timeline necessary to compile/rebut evidence in support of the challenged claims and set the timing for submissions and meetings.
- In addition to the scheduling meeting, two rounds of briefings are permitted and an additional round may be allowed if supplemental evidence is required.
- Two rounds of NAD meetings with each party are permitted. In the second, NAD will meet with either or both parties.
- Decisions are issued typically within 30 business days after NAD meets with the advertiser.
Step #2: Prepare to Initiate your Case
All challenges must be submitted via the NAD Challenge Portal. With questions, review the NAD Process FAQs or the NAD/NARB Procedures.
Initiate a Fast-Track SWIFT Case
All Fast-Track SWIFT challenges must include:
- An opening letter that includes a list of all challenged claims and an explanation/argument as to why the challenged claims are misleading or, in the case of a Fast-Track SWIFT Disclosure case, why the disclosure is inadequate
- The advertiser’s contact information, including identifying the correct person to whom the challenge should be directed
- Samples of the challenged advertising and the date(s) and media in which they appeared
- A brief description of the facts showing how the advertising is likely controlled by the advertiser
- Exhibits (no more than five) to support the argument that the challenged claim is misleading
- A brief statement as to why the challenged claim is appropriate for the SWIFT process (e.g., it fits within the categories defined as appropriate for SWIFT review, etc.)
Please Note: The filing fee must be received by NAD before the 20-day countdown clock will begin on the challenge.
Initiate a Standard Case
Standard Track submissions must include:
- An opening letter that includes a list of all challenged claims and an explanation/argument as to why the challenged claims are misleading
- Samples of the challenged advertising and the date(s) and media in which they appeared
- Exhibits to support the argument that the challenged claim is misleading, including testing, studies, research, or surveys
Initiate a Complex Case
Complex Track submissions must include:
- An opening letter that lists all challenged claims and an explanation/argument as to why the challenged claims are misleading
- Samples of the challenged advertising and the date(s) and media in which they appeared
- Exhibits to support the argument that the challenged claim is misleading, including testing, studies, research, or surveys
Filing Fees
Fast-Track SWIFT
National Partner:
- Annual Revenue Under $250M: $12,000
- Annual Revenue Under $5B: $32,000 (*$33,600)
- Annual Revenue Over $5B: $40,000 (*$42,400)
- Fast-Track SWIFT - Disclosure: Flat fee of $10,000 (*$11,200)
Non-National Partner:
- Annual Revenue Under $250M: $15,000
- Annual Revenue Under $5B: $40,000 (*$42,000)
- Annual Revenue Over $5B: $50,000 (*$53,000)
- Fast-Track SWIFT - Disclosure: Flat fee of $12,500 (*$14,000)
*Pricing effective January 1, 2025
Standard Track
National Partner:
- Annual Revenue Under $250M: $8,000
- Annual Revenue Under $5B: $28,000 (*$29,600)
- Annual Revenue Over $5B: $36,000 (*$38,400)
Non-National Partner:
- Annual Revenue Under $250M: $10,000
- Annual Revenue Under $5B: $35,000 (*$37,000)
- Annual Revenue Over $5B: $45,000 (*$48,000)
*Pricing effective January 1, 2025
Complex Track
National Partner:
- Annual Revenue Under $250M: $24,000
- Annual Revenue Under $5B: $40,000 (*$42,400)
- Annual Revenue Over $5B: $60,000 (*$63,200)
Non-National Partner:
- Annual Revenue Under $250M: $30,000
- Annual Revenue Under $5B: $50,000 (*$53,000)
- Annual Revenue Over $5B: $75,000 (*$79,000)
*Pricing effective January 1, 2025
NAD’s Monitoring Program
As part of its public interest mission to ensure consumers receive truthful and accurate advertising messages, NAD initiates approximately 20-25% of its cases each year based on its own monitoring of advertising in a wide variety of product categories.
The goal of NAD’s monitoring cases is to expand the universe of advertising claims that are reviewed for truth and transparency and provide guidance for future advertising. In determining whether to open a monitoring case, NAD considers whether the advertising meets one or more of the following criteria:
Targets a vulnerable population (elderly, children, special needs, etc.);
Capitalizes on consumer fears or misunderstanding;
Fills a gap in regulatory efforts of the FTC and state AGs;
Addresses novel or emerging issue of interest for the advertising industry;
Concerns claims that consumers cannot evaluate for themselves;
Achieves diversity among industries that historically participate in self-regulation.
