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National Advertising Division

The U.S. advertising industry founded the National Advertising Division (NAD) and the National Advertising Review Board in 1971 as a system of independent industry self-regulation to build consumer trust in advertising and support fair competition in the marketplace. NAD holds national advertising across all media types to high standards of truth and accuracy by reviewing truth-in-advertising challenges from businesses, trade associations, consumers, or on its own initiative. Through its work, thousands of misleading advertising claims have been removed from the marketplace and NAD’s case decisions represent the single largest body of advertising law in the country.

Program Impact

Over its 50-year history, NAD has published thousands of decisions and has become the leading voice in providing guidance for truthful and transparent advertising. NAD reviews advertising in any industry and advertising format and often addresses cutting-edge advertising issues before regulatory guidance is available. Advertising claims can be challenged in one of three tracks: Fast-Track SWIFT, Standard Track, and Complex Track.  

 

 

File a Challenge

Advertising disputes resolved more efficiently than litigation. Select a Track

Ad Law 101

Access the tools you need to learn truth-in-advertising basics. Learn the Basics

Recent Decisions

Summaries of case decisions are publicly published, including appeals. Case Summaries

Resource Library

From annual reports to infographics to ad law 101, education is key. Access Resources

NAD Challenges

 

NAD offers three options for submitting challenges for review: Standard Track, Complex Track, and Fast-Track SWIFT. Click on the options below for more information on each track's process, challenge eligibility requirements, timeline, and fees to determine which track is best suited to handle your needs. BBB National Programs National Partners receive a discount on filing fees. 

 

 

 

Fast-Track SWIFT

Single-issue advertising cases with decisions in 20 business days. Learn More

Standard Track

Open to a variety of case types with decisions in four to six months. Learn More

Complex Track

Cases requiring complex substantiation. Time to decision is determined by the parties. Learn More

 

 

 

Why Use NAD for Advertising Challenges

The National Advertising Division (NAD) brings value to business by leveling the playing field and enhancing consumer trust in the marketplace.

 

 

 

 

 

 

 

 

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.

 

 

 

 

Policies & Procedures


Any company, consumer, or non-governmental organization, including trade associations and non-profit organizations, can file a challenge with NAD. We handle about 150 cases each year and our decisions represent the single largest body of advertising decisions in the United States. The NAD | NARB Policies and Procedures describe the details and parameters of NAD's challenge review process. When an advertiser declines to participate in the NAD process or decides not to comply with NAD’s decision, NAD will refer the matter to the Federal Trade Commission (FTC). The FTC will review the matter for possible enforcement action.

 

Upcoming Events

11th Food and Beverage Compliance Exchange

Daniel Range, Attorney, National Advertising Division will participate in the session NAD Explained—Examining the Roles and Procedures of the National Advertising Division
Learn more
Oct 09, 2023 Chicago, IL

Brazilian Intellectual Property Association Program on Green Claims

Eric Unis, Senior Attorney, National Advertising Division (NAD), BBB National Programs will participate
Learn more
Oct 09, 2023 Virtual

NYC Bar Association Hot Topics in Advertising & Marketing Law

William Frazier, Attorney, National Advertising Division will participate in this annual event that provides its audience with an update on the most important developments affecting advertisers over t ...
Learn more
Oct 18, 2023 New York, NY

SupplySide West

Eric Unis, Senior Attorney, National Advertising Division will participate on the Dietary Supplement Claim Substantiation panel
Learn more
Oct 24, 2023 Las Vegas, NV
 

 

 

News & Blog

Press Release

FTC Commissioner Alvaro Bedoya to Keynote NAD 2022, Annual Conference of BBB National Programs’ National Advertising Division

New York, NY – August 30, 2022 – The National Advertising Division (NAD) will host the NAD 2022 Annual Conference next month in Washington, D.C., on Monday, September 19 and Tuesday, September 20. NAD 2022 will be an in-person event for the first time since 2019, drawing speakers from across the advertising law...

Read the Press Release
Press Release

BBB National Programs Board of Directors Welcomes IAB CEO David Cohen and Re-Elects Three Members, Including P&G’s Ken Patel as Chair

McLean, VA – December 20, 2021 – The Board of Directors of BBB National Programs, an independent non-profit organization that operates more than a dozen independent industry self-regulation, accountability, and dispute resolution programs, today announced that it has welcomed a new member and re-elected...

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Blog

Beauty Product Claims & the NAD: Why Substantiation Matters

Substantiating product claims is required by law and may help brands avoid an inquiry from the FTC or other regulatory bodies. The founders of The Benchmarking Company, a consumer research firm for the beauty and personal care industries, interviewed NAD attorney Jennifer Santos to uncover what every brand should know about NAD.
Read more
Blog

Unsubstantiated Claims May Lead to Civil Penalties

The U.S. economy is built on a fair and transparent product marketplace. It is the responsibility of companies to have adequate substantiation for health and safety claims and to hold their competitors to the same standard.
Read more
 

 

 

Decisions

Decision

National Advertising Division Recommends MacuHealth Discontinue or Modify Certain Claims for Several Brands of Eye Health Dietary Supplements

New York, NY – September 21, 2023 – In a challenge brought by Vision Elements, the National Advertising Division (NAD) recommended that MacuHealth modify or discontinue certain claims for its dietary supplement products.  

Read the Decision Summary
Decision

National Advertising Division Refers Advertising by SBLA Beauty to the Federal Trade Commission for Review for Failure to Participate

New York, NY – September 21, 2023 – The National Advertising Division (NAD) has referred advertising claims made by SBLA Beauty, Inc. to the Federal Trade Commission (FTC) after the company failed to provide a substantive response to NAD’s inquiry.    

Read the Decision Summary
Decision

National Advertising Division Recommends Discontinuation or Modification of Certain Health Benefit Claims for Memory Health Dietary Supplement

New York, NY – August 28, 2023 – In a challenge brought by Vision Elements, the National Advertising Division (NAD) recommended that in connection with its Memory Health dietary supplement, Memory Health, LP discontinue certain health-related and health-benefit claims. 

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Decision

National Advertising Division Recommends Agape Diamonds Provide Clear Disclosure of the Origins of its Simulated and Laboratory-Grown Diamonds

New York, NY – August 25, 2023 – The National Advertising Division (NAD) recommended that Agape Diamonds modify its advertising by clearly and conspicuously disclosing the origin of its simulated diamonds and laboratory-grown diamonds (LGDs). 

Read the Decision Summary

 

BBB National Programs provides summaries of all case decisions in the Case Decision Summary library. For the full text of National Advertising Division, National Advertising Review Board, and Children’s Advertising Review Unit decisions, subscribe to the Online Archive. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org

 

 

 

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