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).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
Truth-in-Advertising: Who Makes the Rules?
Call to Action: Improve Green Marketing and Avoid Greenwashing
Decisions
Ad Watchers: What Does it Mean to Have a “Reasonable Basis” Standard?
National Advertising Division Recommends Charter Communications Discontinue Spectrum Mobile “Fastest Overall Speeds” Nationwide Claim; Advertiser to Appeal
New York, NY – April 27, 2021 – The National Advertising Division (NAD) determined that evidence offered by Charter Communications to support its claim that Spectrum Mobile delivers the “fastest overall speeds” nationwide was not a good fit. In recommending that the claim be...
National Advertising Division Recommends Natural Diamond Council Discontinue Certain Advertising Claims on Benefits of Mined Versus Man-Made Diamonds
New York, NY – April 22, 2021 – The National Advertising Division (NAD) recommended that the Natural Diamond Council discontinue certain advertising claims comparing mined diamonds with man-made diamonds, including the carbon emissions associated with diamond mining compared with diamond...
With Great Power Comes Great Responsibility
In the inaugural episode of The Accountability Studio, moderator Mary Engle, Executive Vice President, Policy poses a fundamental question to the leadership of BBB National Programs: Does independent, industry self-regulation really work? Program leaders responded with an empathic ‘yes,’ but also laid out the numerous factors that can contribute to the success or failure of a self-regulatory...
Upcoming Events
IFSCC's The Skin Virome: Recent Science and Product Claims in the COVID-19 Era
PLI Hot Topics in Advertising Law
Resources
NAD Fast-Track SWIFT Infographic
NAD Complex Track Infographic
Telecommunications Digest
Environmental Digest
Cosmetics and Personal Care Products Advertising Digest
Digital Marketing Digest
2020 COVID-19 Actions
Frequently Asked Questions