NAD Complex Track

NAD Complex Track

The National Advertising Division (NAD)’s portfolio of filing options for advertising challenges is designed to provide businesses and the legal professionals who support them with transparent, predictable options when pursuing a challenge. NAD “case-choice” options include Fast-Track SWIFT, the Standard process, and Complex Track.

 

The NAD Complex Track enhanced filing process provides businesses and their counsel with a customized experience developed to support advertising challenges that involve complex substantiation. Businesses making this choice for their challenge can expect flexible and more predictable scheduling, greater transparency into the case review process, and deeper insights into NAD’s perspective on the evidence.

Benefits

Predictable

Increased predictability in the length of time complex cases take from start to finish.

Streamlined

Reduced conflict in seeking extensions and in scheduling meetings.

Transparent

Greater insight into NAD’s perspective on evidence and arguments before a record is closed.

Eligible Claims


NAD Complex Track is designed for challenges that require complex claim substantiation, which may include:

  • Cases involving multiple expert reports explaining and/or rebutting the evidence submitted
  • Cases where the evidence will include consumer perception surveys or other studies or surveys that can require additional time to complete
  • Cases involving challenges to numerous claims made for a variety of products

 

 

 

Initiating a Complex Track Challenge

 
Because complex cases often require more time than a standard case, parties meet with NAD to schedule additional work and evidence-gathering from the initiation of the case, providing assurance that the timetable is reasonable and fair. The process also includes meetings for NAD to share feedback about the evidence submitted and provide each party with an opportunity to ask questions and provide specific evidence or demonstrate why different evidence is sufficient. 
 

Scheduling Conference

Parties meet jointly with NAD to map out the timeline necessary to compile evidence in support of a claim or rebut that evidence and jointly discuss the timing of the submissions and the meetings.

 

Second and Final Case Meetings (Ex Parte)

NAD meets separately with each party to review evidence submitted and provide feedback before their final submission. 

 

Post-Decision

Advertiser states whether it will comply with NAD’s recommendation or appeal all or part of the decision to the National Advertising Review Board (NARB). NAD provides parties with a copy of the final case decision and makes it available to the public through press announcements and publication of the decision in the BBB National Programs Case Reports.

 

 

 

 

 

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