National Advertising Division
NAD 2024: Charting the Global Future of Ad Law
September 16-17, 2024 in New York City
Program Impact
Policies & Procedures
NAD/NARB Procedures and FTC Resolution of Referrals. Read the Policies & ProceduresNAD Challenges
The NAD Challenge process brings value to business by leveling the playing field and enhancing consumer trust in the marketplace.
Fast-Track SWIFT
Single-issue advertising cases with decisions in 20 business days.Standard Track
Open to a variety of case types with decisions 20 business days following the final meeting.Complex Track
Cases requiring complex substantiation with decisions 30 business days following the final meeting.
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.
NAD Annual Reports:
The NAD Annual Report includes a year in review, exclusive insight on ad law case trends, a wrap-up of each year’s annual conference, and an extensive summary of the year’s casework.
Recent Decisions
Following National Advertising Division Inquiry, Google Voluntarily Unlists Video Demonstrating Google Gemini Capabilities
New York, NY – September 12, 2024 – Google voluntarily unlisted a video demonstrating the capabilities of Google Gemini, its large language model artificial intelligence (AI) offering introduced in December 2023.
National Advertising Division Recommends Gruma Modify Sugar and Net Carbohydrate Label Claims
New York, NY – September 11, 2024 – In a challenge brought by competitor Olé, the National Advertising Division found certain “zero sugar” and “0G sugar” claims supported and recommended that Gruma Corporation, in connection with its tortilla product offerings, modify or discontinue other claims.
National Advertising Division Refers HiSmile Teeth Whitening Product Claims to the Federal Trade Commission
National Advertising Division Refers Comparative Efficacy Claims for HiSmile Toothbrushes to Regulatory Authorities for Further Review
New York, NY – August 29, 2024 – The National Advertising Division referred advertising claims made by HiSmile for its toothbrushes to the Federal Trade Commission (FTC) and other regulatory authorities for review after HiSmile declined to participate in the industry self-regulation process.
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.
Upcoming Events
NAD 2024: Charting the Global Future of Ad Law
Intellectual Property Owners Association Annual Meeting
ACI's Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Products
2024 ACC Annual Meeting
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.
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