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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

National Advertising Division Finds Dr. Squatch “No Harmful Ingredients” Claim Supported; Recommends Other Comparative Claims be Discontinued

New York, NY – December 5, 2023 – The National Advertising Division (NAD) determined that Dr. Squatch supported its “no harmful ingredients” claim, but recommended Dr. Squatch discontinue its use of the skull and crossbones imagery in the context of the “no harmful ingredients” and “Sh*t List”...

Read the Decision Summary
Decision

National Advertising Division Recommends Royal Oak Modify or Discontinue Certain Claims for its Super Size Briquets

New York, NY – November 30, 2023 – In a challenge brought by Kingsford Products Company, the National Advertising Division (NAD) recommended that Royal Oak modify or discontinue certain comparative claims for its Super Size Briquets.

Read the Decision Summary
Decision

National Advertising Division Finds Certain Xfinity Home Internet Claims Supported; Recommends Comcast Modify or Discontinue Others

New York, NY – November 30, 2023 – The National Advertising Division (NAD) determined that Comcast provided a reasonable basis for its Xfinity home internet claim but recommended that Comcast modify or discontinue certain other claims about Verizon’s 5G Home Internet.


 

Read the Decision Summary
Decision

National Advertising Division Recommends Cariuma Disclose Material Connection Between Cariuma Sneakers and Publisher of Social Media Posts

New York, NY – November 29, 2023 – The National Advertising Division (NAD) inquired about social media posts for Cariuma sneakers, and recommended that Cariuma clearly and conspicuously disclose its material connection to the endorser and publisher of the posts.

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

CLE International's IP CLE Conference

Laura Brett, Vice President, National Advertising Division, BBB National Programs will discuss Developments in Advertising Law
Learn more
Jan 09, 2024 Snowmass, CO

Dark Patterns in Advertising Law

How do you ensure consumers have the information they need to make an informed choice and avoid falling into dark pattern practices that will get you caught in the crosshairs of regulators? This event ...
Learn more
Jan 17, 2024 New York, NY

Canadian Institute Advertising & Marketing Law Conference

Katherine Armstrong, Deputy Director, National Advertising Division, BBB National Programs will participate in Understanding the Legal Risks Associated with Environmental Marketing: Greenwashing and E ...
Learn more
Jan 18, 2024 Toronto, ON

Advanced Legal, Regulatory & Compliance Forum on OTC Drugs

Jennifer Santos, Attorney, National Advertising Division will discuss the Balancing Advertising and Brand Promotion of Your OTC Drug Product With the Latest Guidance from FTC and NAD
Learn more
Jan 23, 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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