National Advertising Division
Program Impact
Truth & Transparency
Voluntary self-regulation helps create an honest and fair marketplace. Companies benefit from a level playing field and consumers benefit from a more trustworthy marketplace. A 90% participation rate demonstrates the depth of industry’s commitment to self-regulation and truth and transparency.Issues We Examine
NAD’s legal team specializes in examining advertising claims for a diverse set of goods and services like telecommunications, infant nutrition, over-the-counter medication, and dietary supplements for a wide variety of issues from product efficacy to influencer marketing and the use of consumer reviews.Time & Cost
The NAD process resolves advertising disputes efficiently and almost always faster than a court proceeding. There is no document discovery or depositions, no counterclaims, and the process requires less investment in time and cost than litigating a case.Navigating Uncertainty
NAD has a published body of case precedent and is staffed by decision makers dedicated to resolving advertising disputes, using a process that provides advertisers the right to appeal adverse decisions to the National Advertising Review Board (NARB).
For the last 50 years in the advertising industry, companies have held each other to a higher standard. In response to the pressures and criticisms of consumerism that had mounted during the previous decade, in 1971 the advertising industry established the National Advertising Division (NAD) and National Advertising Review Board (NARB), the U.S. mechanism of independent self-regulation that has stood the test of time and technological innovation.
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 MoreComplex Track
Cases requiring complex substantiation. Time to decision is determined by the parties. Learn More
Why Use NAD for Advertising Challenges
When a competitor’s advertising harms consumer trust or threatens a company’s reputation and market share, decision makers need to answer three key questions:
- Which forum will resolve my challenge most efficiently—federal court, Federal Trade Commission complaint, or NAD challenge?
The NAD process promotes truthful advertising resolving advertising disputes efficiently. Unless advertising is so misleading and causing sufficient harm that a temporary restraining order application will likely succeed, the NAD process is typically faster than a court proceeding.
- How much will it cost?
Filing a challenge with NAD is almost always more cost effective than other options. There is no document discovery. There is no deposition. The matter cannot be delayed by filing counterclaims. Our streamlined process saves time and money.
- What are the risks?
Because NAD has a published body of case precedent and is staffed by decision makers dedicated to resolving advertising disputes, the outcome is more predictable than a court proceeding where individual judges have crowded dockets of a wide array of cases and different decision-making styles. Our procedures provide advertisers with an automatic right to appeal adverse decisions to the self-regulatory system’s peer review body, the National Advertising Review Board.
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.
News & Blog
BBB National Programs Partners with Facebook to Strengthen Truth-in-Advertising Enforcement on the Social Network's U.S. Platform
New York, NY – December 2, 2020 – Taking an important step to advance the effectiveness of its quick and efficient self-regulatory programs, BBB National Programs today announced a new National Advertising Division (NAD) partnership with Facebook.
Arcadia Consumer Healthcare Violates National Advertising Division Procedures
The 2000s Introduced the Internet and Influencers to Ad Law
What is Old is Green Again: Ad Law in the 90s
Decisions
National Advertising Division Finds Claim that Almased Diet and Weight Loss Program is “So Safe that Even People with Diabetes Can Use It” Supported
New York, NY – September 16, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that Almased USA, Inc.’s claim that its Almased Diet/Weight Loss Program is “. . . so safe that even people with diabetes can use it” was supported.
National Advertising Division Finds SlimFast “Energy For Hours” Claim Supported; Advertiser Appeals Recommendation to Discontinue “Clinically Proven” Claims
New York, NY – September 15, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that KSF Acquisition Corp. (SlimFast) provided a reasonable basis for its “energy for hours” claim for its SlimFast Food Products & Weight Loss Plans. However, NAD...
National Advertising Division Refers Advertising Claims for Gravity Defyer Shoes to Federal Trade Commission for Possible Enforcement Action
New York, NY – September 14, 2021 – The National Advertising Division (NAD) of BBB National Programs is disappointed that Gravity Defyer Medical Technology Corporation declined to participate in the industry self-regulation process. As a result of the advertiser’s failure to participate, NAD has...
National Advertising Division Finds Verizon’s “America’s Most Awarded Network” Claim Supported; Recommends Certain Other Claims be Modified or Discontinued
New York, NY – August 24, 2021 – The National Advertising Division (NAD) determined that the claim “America’s most awarded network” in Verizon Communications, Inc.’s “I’m a Verizon Engineer” commercial did not reasonably convey any unsupported messages about awards given to...
Upcoming Events
NAD 2021 Annual Conference
Veeva Global Summit
Institute for Perception's Current Topics in Sensory and Consumer Science
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