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.
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’ National Advertising Division Launches NAD Complex Track, a Custom Challenge Process for Complex Advertising Claims
For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs
703.247.9330 / press@bbbnp.org
New York, NY — August 20, 2020 — The National Advertising Division (NAD) of BBB National Programs today launched its NAD Complex Track advertising challenge process, a new customized option to support complex cases with greater transparency and more predictable scheduling. This launch comes just four months after the new expedited NAD Fast-Track SWIFT process launched in early April 2020.
Complex challenges to truth and transparency issues that arising in advertising often require more time and resources to resolve. These cases may involve:
Multiple expert reports explaining or rebutting evidence;
Evidence that includes consumer perception surveys, scientific studies, or other technical studies that require additional time to analyze; or
Challenges to numerous claims made for a variety of products.
This new resource for businesses participating in the advertising industry’s system of self-regulation addresses the need for predictability in the length of time a complex case takes from start to finish. NAD Complex Track will reveal greater insight into NAD’s approach and perspective on evidence and arguments presented in a case before the record is closed. This new approach also provides businesses and the attorneys who represent them with a streamlined, more efficient approach to reaching a reasonable and fair conclusion.
“Adding the NAD Complex Track process as a new case-choice option for companies reflects our dedication to streamlining the self-regulatory process,” said Laura Brett, Vice President, BBB National Programs’ National Advertising Division and leader of the organization’s New York office. “Corporations respect and participate in advertising self-regulation because they understand that the U.S. economy is built on a fair and transparent product marketplace. A key part of our role as the investigative unit of that system is to continue to evolve our processes and remain responsive to the shifting needs of the advertising industry.”
The launch of the NAD Complex Track challenge process follows the recent launch of the NAD Fast-Track SWIFT process in April 2020, a process that is limited to single issue cases and guarantees a resolution within 20 days of initiation. The first three NAD Fast-Track SWIFT cases were announced as resolved in early June with another three resolved in early July.
To learn more about the processes and how to file an NAD Complex Track or Fast-Track SWIFT challenge, please visit BBBprograms.org/NAD.
Since 1971, NAD has led the advertising industry’s efforts to promote truthful and transparent advertising, protecting consumers and promoting fair competition. Today, NAD provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business. NAD achieves a 90-95% voluntary compliance rate with its decisions.
NAD reviews advertising on a broad range of issues and industries, from complex health-related claims for vulnerable populations, to claims about which cereal stays crunchy in milk longer, to whether major telecommunications companies are providing nationwide 5G. Digital advertising product claims made during the COVID-19 pandemic, influencer marketing, and the issues surrounding the use of endorsements and testimonials have increasingly been a focus of cases before NAD.
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About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD), a division of BBB National Programs, provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
After Seven Months, the Verdict is in: Fast-Track SWIFT is Fast and Fair
NAD 2020: A Virtually Stellar Advertising Law Conference
Decisions
BBB National Programs’ National Advertising Division Launches NAD Complex Track, a Custom Challenge Process for Complex Advertising Claims
For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs
703.247.9330 / press@bbbnp.org
New York, NY — August 20, 2020 — The National Advertising Division (NAD) of BBB National Programs today launched its NAD Complex Track advertising challenge process, a new customized option to support complex cases with greater transparency and more predictable scheduling. This launch comes just four months after the new expedited NAD Fast-Track SWIFT process launched in early April 2020.
Complex challenges to truth and transparency issues that arising in advertising often require more time and resources to resolve. These cases may involve:
Multiple expert reports explaining or rebutting evidence;
Evidence that includes consumer perception surveys, scientific studies, or other technical studies that require additional time to analyze; or
Challenges to numerous claims made for a variety of products.
This new resource for businesses participating in the advertising industry’s system of self-regulation addresses the need for predictability in the length of time a complex case takes from start to finish. NAD Complex Track will reveal greater insight into NAD’s approach and perspective on evidence and arguments presented in a case before the record is closed. This new approach also provides businesses and the attorneys who represent them with a streamlined, more efficient approach to reaching a reasonable and fair conclusion.
“Adding the NAD Complex Track process as a new case-choice option for companies reflects our dedication to streamlining the self-regulatory process,” said Laura Brett, Vice President, BBB National Programs’ National Advertising Division and leader of the organization’s New York office. “Corporations respect and participate in advertising self-regulation because they understand that the U.S. economy is built on a fair and transparent product marketplace. A key part of our role as the investigative unit of that system is to continue to evolve our processes and remain responsive to the shifting needs of the advertising industry.”
The launch of the NAD Complex Track challenge process follows the recent launch of the NAD Fast-Track SWIFT process in April 2020, a process that is limited to single issue cases and guarantees a resolution within 20 days of initiation. The first three NAD Fast-Track SWIFT cases were announced as resolved in early June with another three resolved in early July.
To learn more about the processes and how to file an NAD Complex Track or Fast-Track SWIFT challenge, please visit BBBprograms.org/NAD.
Since 1971, NAD has led the advertising industry’s efforts to promote truthful and transparent advertising, protecting consumers and promoting fair competition. Today, NAD provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business. NAD achieves a 90-95% voluntary compliance rate with its decisions.
NAD reviews advertising on a broad range of issues and industries, from complex health-related claims for vulnerable populations, to claims about which cereal stays crunchy in milk longer, to whether major telecommunications companies are providing nationwide 5G. Digital advertising product claims made during the COVID-19 pandemic, influencer marketing, and the issues surrounding the use of endorsements and testimonials have increasingly been a focus of cases before NAD.
###
About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD), a division of BBB National Programs, provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Upcoming Events
NAD at 50 and a Look Back at Advertising Self-Regulation
RE:formulate: Fermentation-Enabled Alternative Protein Innovation Summit
4th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation
Social Media and Mobile Devices 2021: Addressing Corporate Risks
Resources
NAD Standard Track Infographic
NAD Fast-Track SWIFT Infographic
NAD Complex Track Infographic
Telecommunications Digest
Environmental Digest
Cosmetics and Personal Care Products Advertising Digest
Digital Marketing Digest
Frequently Asked Questions