CFBAI_ProgramBackgrounds_4-28-2020

NAD’s Challenge Process

Any company or non-governmental organization, including trade associations and non-profit organizations, can file a National Advertising Division (NAD) challenge against the truth or accuracy of national advertising in any advertising medium. With the exception of the Fast-Track SWIFT Disclosure track, all NAD challenges are initiated with an opening letter explaining why the challenged claims are misleading, accompanied by supporting exhibits/evidence.

Filing Tracks at a Glance

 

SWIFT Standard

Fast-Track SWIFT

Eligibility

Single, well-defined issue

Challenge Letter

≤ 5 pages

Evidence

≤ 5 exhibits

Briefings

1 Round

Party Meetings

1 Round

Time to Decision (Business Days)

20

Filing Fees

Based on annual revenue

National Partners

$12,000-$40,000

Non-National Partners:

$15,000-$50,000

 

SWIFT Disclosure

Fast-Track SWIFT

Eligibility

Sufficiency of disclosures

Challenge Letter

Optional

Evidence

Optional

Briefings

1 Round

Party Meetings

1 Round

Time to Decision (Business Days)

20

Filing Fees

$10,000

 

Standard Track

 

Eligibility

Multiple issues: single product/line

Challenge Letter

≤ 20 pages

Evidence

Unlimited

Briefings

2 Rounds

Party Meetings

1 Round

Time to Decision (Business Days)

Final Meeting + 20

Filing Fees

Based on annual revenue

National Partners

$8,000-$36,000

Non-National Partners:

$10,000-$45,000

 

Complex Track

 

Eligibility

Multiple issues; complex substantiation

Challenge Letter

≤ 30 pages

Evidence

Unlimited

Briefings

2 Rounds +

Party Meetings

2 Rounds

Time to Decision (Business Days)

Final Meeting + 30

Filing Fees

Based on annual revenue

National Partners

$24,000-$60,000

Non-National Partners:

$30,000-$75,000

 
 

 

 

 

Step 1: Select a Track

NAD offers several options for submitting challenges for review, tailored to the nature of the advertising claims at issue and the complexity of the evidence: Fast-Track SWIFT, Standard Track, and Complex Track. All final NAD decisions are eligible for appeal to the National Advertising Review Board

 

Expand each option to learn more about the track process, eligibility, and overall timeline.

 

 

 

Step 2: Prepare to Initiate your Case

All challenges must be submitted via the NAD Challenge Portal.

 

 With other questions, review the NAD Process FAQs or the NAD/NARB Procedures

 

 

 

 

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. 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. Filing fee waivers or partial waivers are available if economic hardship is demonstrated. BBB National Programs National Partners receive a discount on filing fees.

 

 

 

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. 

 

 

Read the Monitoring Program FAQs

 

 

 

Frequently Asked Questions

We have rounded up the most asked questions we receive at the National Advertising Division. Want to submit a question to be added? Let us know at nad@bbbnp.org.

 

Jump to:

The Overview

The Process

Meetings, Decisions, Announcements

NAD’s Monitoring Program

Fast-Track SWIFT 

 

 

 

 

Recent Decisions

Decision

National Advertising Division Recommends Verizon Discontinue or Modify Certain Claims for Satellite-Supported Texting Services

New York, NY – November 7, 2024 – In a Fast-Track SWIFT challenge brought by T-Mobile, the National Advertising Division recommended that Verizon either discontinue certain claims about satellite-supported texting services in remote locations or modify them to disclose the necessary conditions for Verizon customers...

Read the Decision Summary
Decision

Following National Advertising Division Challenge, PetIQ Voluntarily Discontinues Certain Claims for NextStar Flea & Tick Topical

New York, NY – November 6, 2024 – Following a National Advertising Division challenge, PetIQ discontinued certain claims for its NextStar Flea & Tick topical flea prevention and treatment product, which appeared on PetIQ’s website, social media, and third-party websites.

Read the Decision Summary
Decision

National Advertising Division Finds Certain Safety Claims for Drunk Elephant Skincare Products Supported; Recommends Modification of Influencer Posts

New York, NY – November 4, 2024 – The National Advertising Division determined certain Drunk Elephant social media claims regarding skincare products being “safe for kids and tweens to use” were supported, but determined that two TikTok video influencer disclosures for Drunk Elephant's B-Goldi...

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Lovvare Discontinue Earnings and Product Performance Claims

McLean, VA – October 28, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Lovvare, a direct selling company that sells nutritional and wellness products, discontinue product performance and earnings claims made by salesforce members on Facebook and the Lovvare website.

Read the Decision Summary

 

BBB National Programs provides summaries of all case decisions in the Case Decision Summary library. For the full text of 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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