Decisions in 20 Business Days
Use of the Fast-Track SWIFT process will allow parties to receive an NAD decision within 20 business days from the submission of payment and the initiation of the case (i.e., the time that the advertiser receives the challenge). All case decisions for SWIFT challenges are stored in the Online Archive, much like standard NAD challenge case decisions. Digests, which include a brief summary of resolved cases posted publicly in our Newsroom as they become available.
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. Initially, NAD will only accept three types of claims for consideration in a Fast-Track SWIFT challenge:
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
As the program develops, NAD may determine that additional types of claims are appropriate for a SWIFT challenge.
Initiating a Fast-Track SWIFT Challenge
Challenges are submitted via the Fast-Track SWIFT online portal and must 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.).
All briefs should be limited to five pages and five exhibits (with a limit of five pages each). See “Filing a Complaint,” section 2.2(B) of the Procedures.
The filing fee must be received by NAD before the 20-day countdown clock will begin on the challenge.
SWIFT Case Decisions
First Three NAD Fast-Track SWIFT Cases Resolved by Government Agency Referral, Modified Claim, and Administrative Closure
Frequently Asked Questions