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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, 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.

 

Upcoming Events

OECD Digital Economy Policy Ministerial Meeting

Laura Brett, Vice President, National Advertising Division, BBB National Programs
Learn more
Dec 15, 2022 Gran Canaria, Spain

CLE International's IP & Ski Conference: Trademark, Copyright & Patent Law

Laura Brett, Vice President, National Advertising Division, BBB National Programs participates in Developments in Advertising Law
Learn more
Jan 05, 2023 Vail, CO

Canadian Institute’s 29th Annual Advertising and Marketing Law Conference

Laura Brett, Vice President, National Advertising Division, BBB National Programs participates in What It Means to be ‘Green’ – Applying Truth-In Advertising Principles to Environmental Claims: An Int ...
Learn more
Jan 18, 2023 New York, NY

ACI’s 6th Annual Forum on Advertising Claims Substantiation Workshop

The National Advertising Division will lead Workshop B — NAD Working Group: A Guide to Appearing Before and Working with the NAD featuring a Mock NAD Proceeding
Learn more
Feb 08, 2023 New York, NY
 

 

 

News & Blog

Press Release

FTC Commissioner Alvaro Bedoya to Keynote NAD 2022, Annual Conference of BBB National Programs’ National Advertising Division

New York, NY – August 30, 2022 – The National Advertising Division (NAD) will host the NAD 2022 Annual Conference next month in Washington, D.C., on Monday, September 19 and Tuesday, September 20. NAD 2022 will be an in-person event for the first time since 2019, drawing speakers from across the advertising law...

Read the Press Release
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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Blog

The FTC Spelled Out its Priorities at NAD 2022

The FTC presentations send a strong message that it is time for national advertisers to take a hard look at their own advertising. With a strong focus on consumer protection and building consumer trust in advertising practices, companies should consider using independent self-regulation to do just that.
Read more
Blog

The Problems with Endorsements

BBB National Programs shared its concerns about endorsement practices in a comment submitted last week to the FTC as a part of proposed updates to its Endorsement Guides.
Read more
 

 

 

Decisions

Decision

National Advertising Division Finds Certain HEPA Claims for Shark Air Purifiers Supported; SharkNinja Appeals Recommendation to Modify or Discontinue Others

New York, NY – November 22, 2022 – In a challenge brought by Dyson, Inc., the National Advertising Division (NAD) determined that SharkNinja Operating LLC provided a reasonable basis for claims that its Shark Air Purifier 4 meets or even exceeds HEPA standards but recommended that...

Read the Decision Summary
Decision

NAD Finds Certain Environmental Benefit Claims for ABA’s “Every Bottle Back” Initiative Supported; ABA Appeals Recommendation to Modify Other Claims

New York, NY – November 22, 2022 – The National Advertising Division (NAD) determined that the American Beverage Association (ABA) provided a reasonable basis for certain environmental benefit claims related to its Every Bottle Back program, designed to encourage and increase beverage...

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Decision

National Advertising Division Recommends Cash App Financial Services Platform Discontinue or Modify Megan Thee Stallion Video About Investing

New York, NY – November 21, 2022 – The National Advertising Division (NAD) recommended that Cash App discontinue or modify its video commercial with Megan Thee Stallion telling consumers they can invest as little as a dollar, followed by her adding a gold bar to a stack of gold bars and saying...

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Decision

National Advertising Division Recommends T-Mobile Modify or Discontinue Certain TV Commercial Claims for Magenta Max Wireless Service Plan

New York, NY – November 15, 2022 – The National Advertising Division (NAD) recommended that T-Mobile US, Inc. modify or discontinue certain claims for its Magenta Max mobile wireless service plan. 

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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