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 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 opening 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 as 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

 

 

 

 

Filing Fees

 

Filing fees cover some of the administrative costs associated with the advertising review process. Fees are based on annual revenue per the breakdown below. Filing fee waivers or partial waivers are available if economic hardship is demonstrated.

 

2021 Fast-Track SWIFT Filing Fees (effective November 9, 2021)

National Partner:

  • Annual Revenue Under $250M: $12,000
  • Annual Revenue Under $5B: $32,000
  • Annual Revenue Over $5B: $40,000
  • Fast-Track SWIFT - Disclosure: $10,000

 

Non-National Partner:

  • Annual Revenue Under $250M: $15,000
  • Annual Revenue Under $5B: $40,000
  • Annual Revenue Over $5B: $50,000
  • Fast-Track SWIFT - Disclosure: $12,500

 

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

In Two Fast-Track SWIFT Cases, NAD Recommends Spectrum Modify or Discontinue Claims and Vision Direct Voluntarily Discontinues Claim

New York, NY – April 13, 2022 – The National Advertising Division (NAD) of BBB National Programs closed two Fast-Track SWIFT cases in March. In these cases DIRECTV challenged Charter Communications claims regarding the availability of sports channels and sports programming on DIRECTV’s streaming service...

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Decision

Advertiser Voluntarily Discontinues Claim in National Advertising Division Fast-Track SWIFT Case

New York, NY – January 12, 2022 – The National Advertising Division (NAD) of BBB National Programs closed one Fast-Track SWIFT case in December. In that case, Dyson, Inc. challenged SharkNinja Operating LLC’s claim that the Shark HyperAIR hair dryer is the industry’s “first and only high velocity hair dryer and styling system.”

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Decision

National Advertising Review Board Recommends that Mint Mobile Discontinue or Modify “UNLIMITED” and “UNLTD” Claims for its High-Speed Data Plan

New York, NY – December 21, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Mint Mobile LLC discontinue the use of “UNLIMITED” and “UNLTD” headlines in its advertising or modify them to clearly...

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Decision

In Four Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Modified or Discontinued; Three Decisions to be Appealed

New York, NY – December 9, 2021 – The National Advertising Division (NAD) closed four Fast-Track SWIFT cases in November. In these cases AT&T challenged Mint Mobile’s online and mobile advertisements for its high-speed data plan; Bayer HealthCare challenged the prominence or sufficiency...

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Frequently Asked Questions