CFBAI_ProgramBackgrounds_4-28-2020

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.

 

NAD 2024: Charting the Global Future of Ad Law

September 16-17, 2024 in New York City

 

Register Now
 

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. 

 

 

 

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.
 
 

 

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 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.

Read the Decision Summary
Decision

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. 

Read the Decision Summary
Decision

National Advertising Division Refers HiSmile Teeth Whitening Product Claims to the Federal Trade Commission

New York, NY – August 29, 2024 – The National Advertising Division referred HiSmile to the Federal Trade Commission (FTC) and other regulatory authorities for review after HiSmile declined to provide an advertiser statement confirming it will comply with all of NAD’s recommendations.
Read the Decision Summary
Decision

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.

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

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

Intellectual Property Owners Association Annual Meeting

Mary K. Engle, Executive Vice President, Policy, BBB National Programs will discuss Greenwashing and Navigating the FTC’s Green Guides
Learn more
Sep 23, 2024 Chicago, IL

ACI's Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Products

Jennifer Santos, Attorney, National Advertising Division will discuss Insights into FTC and NAD Guidelines on Influencers, Consumer Reviews and Endorsements
Learn more
Sep 26, 2024 Santa Monica, CA

2024 ACC Annual Meeting

Laura Brett, Vice President, National Advertising Division, BBB National Programs will lead a panel on Safeguarding Your Brand Online: Key Insights from Law Department Leaders
Learn more
Oct 07, 2024 Nashville, TN
 

 

 

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

 

 

 

 

 

 

 

 

Contact Us