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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.

 

 

Recent Decisions

Summaries of all NAD case decisions, including appeals. Case Summaries

Upcoming Events

NAD's upcoming events and speaking engagements. Access Events

Policies & Procedures

NAD/NARB Procedures and FTC Resolution of Referrals. Read the Policies & Procedures

Resource Library

Topical digests, NAD podcasts, blogs, videos, and more. Access Resources

NAD Challenges

The NAD Challenge process brings value to business by leveling the playing field and enhancing consumer trust in the marketplace. Advertising claims can be challenged in one of three tracks: Fast-Track SWIFTStandard Track, and Complex Track. 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
 

 

 

 

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.
 
 

 

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

Decision

Following National Advertising Division Recommendation, Charter Agrees to Modify Spectrum Mobile Cost Savings Claim

New York, NY – February 21, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that Charter Communications discontinue the claim that Verizon customers will “save over $1,500 in their first year” if they switch to Spectrum Mobile or modify the claim by adding or improving certain disclosures.

Read the Decision Summary
Decision

Following National Advertising Division Challenge, MOSH Voluntarily Discontinues Certain Claims for Mosh Protein Bars

New York, NY – February 15, 2024 – Following a National Advertising Division challenge as part of its routine monitoring program, MOSH PBC discontinued certain advertising claims used to promote its Mosh Protein Bars.

Read the Decision Summary
Decision

In NAD Fast-Track SWIFT Case, Performance Designed Products LLC Voluntarily Modifies or Discontinues Claims for Motion Supported Game Controllers

New York, NY – February 13, 2024 – BBB National Programs’ National Advertising Division closed a Fast-Track SWIFT challenge initiated by ACCO Brands regarding advertising by Performance Designed Products for certain game controller claims.

Read the Decision Summary
Decision

National Advertising Division Recommends Kimberly-Clark Discontinue Huggies “#1 Best Fitting Diaper” Claims and Modify Others

New York, NY – February 8, 2024 – BBB National Programs’ National Advertising Division recommended that Kimberly-Clark discontinue claims that Huggies is the “#1 Best Fitting Diaper” and modify its advertising to, among other things, avoid conveying that its diapers have a superior fit over all diapers on the market.

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

 

 

 

Upcoming Events

3rd Rx-to-OTC Switch Conference

Jennifer Santos, Attorney, National Advertising Division will discuss Navigating Claim Substantiation for New OTC Products
Learn more
Feb 27, 2024 Philadelphia, PA

DIA’s Advertising and Promotion Regulatory Affairs Conference

Laura Brett, Vice President, National Advertising Division, BBB National Programs participates in Power Learning Session 3: Pharma Marketing and the Role of BBB National Programs’ National Advertising ...
Learn more
Mar 12, 2024 Arlington, VA

ACI's 11th Annual Legal Regulatory and Compliance Forum on Cosmetics & Personal Care Products

Annie Ugurlayan, Assistant Director, National Advertising Division, BBB National Programs will discuss Beauty Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and ...
Learn more
Mar 21, 2024 New York, NY

NAD 2024: Charting the Global Future of Ad Law

The National Advertising Division (NAD) annual conference, NAD 2024, will convene advertising and legal professionals, academic and industry experts, government officials, and businesses of all sizes ...
Learn more
Sep 16, 2024 New York, NY
 

 

 

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.

 

 

 

 

 

Frequently Asked Questions

 

 

 

 

 

 

 

 

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