CFBAI_ProgramBackgrounds_4-28-2020

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 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.

 

Upcoming Events

ACI's 6th Advanced Summit on Food Law - Regulation, Compliance, and Litigation

Katherine Armstrong, Deputy Director, National Advertising Division, BBB National Programs on Formulating an In-Depth and Sound Approach to Substantiating Green Claims
Learn more
Jul 13, 2022 Chicago, IL

Practising Law Institute (PLI) Hot Topics in Advertising Law 2022

Eric Unis, Senior Attorney, National Advertising Division will lead FTC and NAD Updates: Year in Review and Enforcement Priorities
Learn more
Jul 13, 2022 New York, NY

NAD 2022 Annual Conference

Register today for the National Advertising Division (NAD) annual conference, NAD 2022, which will focus on the evolving nature of the intangible contract that exists between brands and consumers. The ...
Learn more
Sep 19, 2022 Washington, DC

Veeva Industries – Virtual Summit – Consumer Products & Chemicals

Eric Unis, Senior Attorney, National Advertising Division joins a panel on sustainability
Learn more
Oct 27, 2022 Virtual
 

 

 

News & Blog

 

BBB National Programs Board of Directors Welcomes IAB CEO David Cohen and Re-Elects Three Members, Including P&G’s Ken Patel as Chair

For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs

703.247.9330 / press@bbbnp.org

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 three others for the 2021-2024 term. David Cohen, CEO, Interactive Advertising Bureau (IAB) joins the Board in an ex-officio voting capacity.

The three re-elected Board members are:

  • David Hubbard, Vice President & Deputy General Counsel, Verizon
  • Ken Patel, Chief Ethics & Compliance Officer and Chief Patent Counsel, The Procter & Gamble Company
  • Mary Sophos, Former EVP for Policy & Strategic Planning, Grocery Manufacturers Association

 

In 2022, Ken Patel and Mary Sophos will continue in their roles as Board Chair and Board Vice Chair, respectively.  

“We are pleased to have a mix of continuity and fresh perspective on our Board of Directors in 2022,” said Eric D. Reicin, President and CEO, BBB National Programs. “Our organization will continue to benefit from the leadership of Ken Patel and Mary Sophos, along with the contributions of reelected and continuing board member David Hubbard. We also look forward to David Cohen’s service on our board, during a time when interactive advertising continues to grow in prominence.”

The BBB National Programs Board of Directors members support and inform the development of new systems of independent industry self-regulation, helping industries moderate conduct to improve marketplace behavior for the ultimate benefit of consumers. 

Following is a full list of members of the BBB National Programs Board of Directors:

  • Ken Patel (Board Chair), Chief Ethics & Compliance Officer and Chief Patent Counsel, The Procter & Gamble Company
  • Mary Sophos (Board Vice Chair), Former EVP for Policy & Strategic Planning, Grocery Manufacturers Association
  • David Cohen, CEO, Interactive Advertising Bureau
  • Luis Xavier Hernandez, Global VP & General Counsel-Data, Privacy & Digital, Unilever
  • David Hubbard, Vice President & Deputy General Counsel, Verizon
  • Jocelyn Hunter, Vice President and Deputy General Counsel, Home Depot
  • Marla Kaplowitz, President and CEO, 4A's
  • Joel Katz, Chief Ethics and Compliance Officer, Booz Allen Hamilton
  • Elaine Kolish, Former VP & Director, Children’s Food and Beverage Advertising Initiative, and Principal, Elaine Kolish Consulting LLC
  • Bob Liodice, CEO, Association of National Advertisers
  • Carla Michelotti, Former EVP and Chief Legal, Government and Corporate Affairs Officer, Leo Burnett Worldwide, and President, Carla Michelotti LLC
  • Maureen Ohlhausen, Partner, Baker Botts; Former Acting FTC Chair and FTC Commissioner
  • Brent Sanders, Associate General Counsel, Microsoft
  • Michele Totonis, Director Legal Affairs, LEGO
  • Barbara Wall, Former Chief Legal Officer, Interim Chief Operating Officer and current Board Member, Gannett Co., Inc.
  • Eric D. Reicin (ex officio), President and CEO, BBB National Programs

 

For more information, visit our website

Blog

Avoiding False Advertising When Making Health-Related Claims

NAD cases provide critical insight to advertisers. Understanding what went wrong with the advertising that NAD reviews and evaluates can help prevent future mistakes. Follow these tips to prevent misleading advertising that could interfere with the successful launch of a new health or wellness product.
Read more
Blog

Pursuing Best Practices For Representation In Advertising

As advertising volume increases, so too do people’s expectations of representation in advertising. Unfortunately, advertising collectively is still falling short, and consumer perceptions reflect that. Why answer this call from consumers? And what is being done about it?
Read more
 

 

 

Decisions

BBB National Programs Board of Directors Welcomes IAB CEO David Cohen and Re-Elects Three Members, Including P&G’s Ken Patel as Chair

For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs

703.247.9330 / press@bbbnp.org

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 three others for the 2021-2024 term. David Cohen, CEO, Interactive Advertising Bureau (IAB) joins the Board in an ex-officio voting capacity.

The three re-elected Board members are:

  • David Hubbard, Vice President & Deputy General Counsel, Verizon
  • Ken Patel, Chief Ethics & Compliance Officer and Chief Patent Counsel, The Procter & Gamble Company
  • Mary Sophos, Former EVP for Policy & Strategic Planning, Grocery Manufacturers Association

 

In 2022, Ken Patel and Mary Sophos will continue in their roles as Board Chair and Board Vice Chair, respectively.  

“We are pleased to have a mix of continuity and fresh perspective on our Board of Directors in 2022,” said Eric D. Reicin, President and CEO, BBB National Programs. “Our organization will continue to benefit from the leadership of Ken Patel and Mary Sophos, along with the contributions of reelected and continuing board member David Hubbard. We also look forward to David Cohen’s service on our board, during a time when interactive advertising continues to grow in prominence.”

The BBB National Programs Board of Directors members support and inform the development of new systems of independent industry self-regulation, helping industries moderate conduct to improve marketplace behavior for the ultimate benefit of consumers. 

Following is a full list of members of the BBB National Programs Board of Directors:

  • Ken Patel (Board Chair), Chief Ethics & Compliance Officer and Chief Patent Counsel, The Procter & Gamble Company
  • Mary Sophos (Board Vice Chair), Former EVP for Policy & Strategic Planning, Grocery Manufacturers Association
  • David Cohen, CEO, Interactive Advertising Bureau
  • Luis Xavier Hernandez, Global VP & General Counsel-Data, Privacy & Digital, Unilever
  • David Hubbard, Vice President & Deputy General Counsel, Verizon
  • Jocelyn Hunter, Vice President and Deputy General Counsel, Home Depot
  • Marla Kaplowitz, President and CEO, 4A's
  • Joel Katz, Chief Ethics and Compliance Officer, Booz Allen Hamilton
  • Elaine Kolish, Former VP & Director, Children’s Food and Beverage Advertising Initiative, and Principal, Elaine Kolish Consulting LLC
  • Bob Liodice, CEO, Association of National Advertisers
  • Carla Michelotti, Former EVP and Chief Legal, Government and Corporate Affairs Officer, Leo Burnett Worldwide, and President, Carla Michelotti LLC
  • Maureen Ohlhausen, Partner, Baker Botts; Former Acting FTC Chair and FTC Commissioner
  • Brent Sanders, Associate General Counsel, Microsoft
  • Michele Totonis, Director Legal Affairs, LEGO
  • Barbara Wall, Former Chief Legal Officer, Interim Chief Operating Officer and current Board Member, Gannett Co., Inc.
  • Eric D. Reicin (ex officio), President and CEO, BBB National Programs

 

For more information, visit our website

 

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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