CFBAI_ProgramBackgrounds_4-28-2020

NAD Fast-Track SWIFT

NAD's portfolio of filing options for advertising challenges is designed to provide businesses and the legal professionals who support them with transparent, predictable options when pursuing a challenge. NAD “case-choice” options include Fast-Track SWIFT, Standard Track, and Complex Track

 

Our Fast-Track SWIFT filing option was developed to meet the compelling need for quick resolution of truth and transparency issues that arise in digital advertising. This expedited process reviews the prominence and/or sufficiency of disclosures in influencer marketing and native advertising as well as other advertising truth and transparency issues that do not require complex claim substantiation.  

Fast-Track SWIFT Benefits

Expedited

The Fast-Track SWIFT process allows parties to receive an NAD decision within 20 business days from the initiation of the case

Specific

Challenges are limited to a single issue and must fit into one of the three “claim type” categories

Streamlined

Submissions are made online and only one substantive submission is permitted per party

Eligible Claim Types


Fast-Track SWIFT challenges are limited to a single issue. Claims that may be worded slightly differently but still convey the same message can be brought in a single challenge. Currently, NAD only accepts three types of claims for Fast-Track SWIFT challenges: 

 

  • The prominence or sufficiency of disclosures including disclosure issues in influencer marketing, native advertising, and incentivized reviews
  • Misleading pricing and sales claims
  • Misleading express claims that do not require review of complex evidence or substantiation such clinical or technical testing or consumer perception evidence

 

 

 

 

Initiating a Case

 

All Fast-Track SWIFT challenges must be submitted via the NAD Challenge Portal and include:

 

  • The advertiser’s contact information, including identifying the correct person to whom the challenge should be directed
  • A copy of the challenged advertising and the date(s) and platforms(s) the challenged claim appeared
  • A brief description of the facts showing how the advertising is likely controlled by the advertiser
  • Exhibits to support the argument that the challenged claim is not substantiated (if applicable)
  • A brief statement as to why the challenged claim is appropriate for the SWIFT process (e.g., it fits within the categories defined as appropriate for SWIFT review, etc.)
  • The filing fee must be received by NAD before the 20-day countdown clock will begin on the challenge

 

 

 

 

Filling Fees

 

Filing fees cover some of the administrative costs associated with the advertising review process. Filing fee waivers or partial waivers are still available if economic hardship is demonstrated. Challenges made by companies and/or competitors shall be filed together with a filing fee.

 

Current Fast-Track SWIFT Filing Fees
  • National Partner: $30,000
  • Non-National Partner Under $250M: $15,000
  • Non-National Partner Under $5B: $35,000
  • Non-National Partner Over $5B: $40,000

 

The filing fees should be accompanied by a statement indicating the category into which the challenger’s gross annual revenue falls. In the case of a subsidiary, the filing fee is determined by the gross annual revenue of the parent company.

 

 

 

 

SWIFT Case Decisions

Decision

NAD Fast-Track SWIFT Cases Resolved by Voluntary Discontinuation of Claims and One by Recommendation to Discontinue Claim in Google Ads

The National Advertising Division (NAD) of BBB National Programs announced three new cases resolved in the month of June using its efficient Fast-Track SWIFT (Single Well-Defined Issue Fast Track) challenge...

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Decision

First Three NAD Fast-Track SWIFT Cases Resolved by Government Agency Referral, Modified Claim, and Administrative Closure

Within one month of BBB National Programs’ National Advertising Division (NAD) launching the NAD Fast-Track SWIFT (Single Well-Defined Issue Fast Track) challenge process earlier this spring, the goal was initiation to decision in 20 business days. 
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Frequently Asked Questions