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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. 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 digital 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 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.

 

Upcoming Events

ACI's 6th Advanced Summit on Food Law - Regulation, Compliance, and Litigation

Katherine Armstrong, Deputy Director, National Advertising Division, BBB National Programs on Formulating an In-Depth and Sound Approach to Substantiating Green Claims
Learn more
Jul 13, 2022 Chicago, IL

Practising Law Institute (PLI) Hot Topics in Advertising Law 2022

Eric Unis, Senior Attorney, National Advertising Division will lead FTC and NAD Updates: Year in Review and Enforcement Priorities
Learn more
Jul 13, 2022 New York, NY

NAD 2022 Annual Conference

Register today for the National Advertising Division (NAD) annual conference, NAD 2022, which will focus on the evolving nature of the intangible contract that exists between brands and consumers. The ...
Learn more
Sep 19, 2022 Washington, DC

Veeva Industries – Virtual Summit – Consumer Products & Chemicals

Eric Unis, Senior Attorney, National Advertising Division joins a panel on sustainability
Learn more
Oct 27, 2022 Virtual
 

 

 

News & Blog

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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Press Release

BBB National Programs National Advertising Division Launches Expedited Fast-Track SWIFT Lane Designed to Address Misleading Advertising Disclosures

New York, NY – November 9, 2021 – Mindful of recent Federal Trade Commission (FTC) actions, BBB National Programs today announced a new, streamlined lane of the expedited Fast-Track SWIFT challenge submission process, one designed specifically to address the prominence and sufficiency of...

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Blog

Avoiding False Advertising When Making Health-Related Claims

NAD cases provide critical insight to advertisers. Understanding what went wrong with the advertising that NAD reviews and evaluates can help prevent future mistakes. Follow these tips to prevent misleading advertising that could interfere with the successful launch of a new health or wellness product.
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Blog

Pursuing Best Practices For Representation In Advertising

As advertising volume increases, so too do people’s expectations of representation in advertising. Unfortunately, advertising collectively is still falling short, and consumer perceptions reflect that. Why answer this call from consumers? And what is being done about it?
Read more
 

 

 

Decisions

Decision

In Two Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Discontinued in One, Modification of Disclosures in Other

New York, NY – June 28, 2022 – The National Advertising Division (NAD) of BBB National Programs closed two Fast-Track SWIFT cases in May 2022. In these cases, AT&T Services, Inc. challenged Charter Communications, Inc.’s (Spectrum) claim that AT&T’s internet service provides...

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Decision

National Advertising Division Finds Challenged DuckDuckGo Privacy Claims Supported; Recommends Clarifications for Use of App

New York, NY – June 23, 2022 – The National Advertising Division (NAD) determined that DuckDuckGo provided a reasonable basis for certain claims related to its Privacy Browser mobile app and Privacy Essentials desktop extension. 

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Decision

National Advertising Division Finds Brave, Inc. Claim that it Does Not Share Data with Third Parties Supported; Recommends Two Other Claims be Discontinued

New York, NY – June 22, 2022 – The National Advertising Division (NAD) determined that Brave, Inc. supported the implied claim that its Brave web browser does not share personal data with third parties. However, NAD recommended that the advertiser discontinue two other claims. Brave is...

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Decision

National Advertising Division Recommends P&G Discontinue Odor Elimination Claims for Febreze Products; P&G to Appeal

New York, NY – June 9, 2022 – The National Advertising Division (NAD) recommended that The Procter & Gamble Company (P&G) discontinue certain “odor elimination” claims that P&G makes across the Febreze line of home fragrance products, which include the Febreze Air, Light, Fabric, Plug, Small Spaces, Candles,...

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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