CFBAI_ProgramBackgrounds_4-28-2020

National Advertising Division

The National Advertising Division (NAD) monitors national advertising in all media, enforces high standards of truth and accuracy, and efficiently resolves disputes to build consumer trust and support fair competition. NAD reviews advertising based on challenges from businesses, complaints from consumers, or on its own initiative covering a wide variety of both industries and issues. NAD’s decisions represent the single largest body of advertising decisions in the United States.

Program Impact

NAD was established in 1971 to monitor and evaluate the truth and transparency of national advertising through a combination of independent monitoring and competitor disputes and has become a leading voice in providing guidance on truthful and transparent advertising and standards for substantiating advertising claims. Around 150 cases are handled each year through one of three tracks: Fast-Track SWIFT, Standard Track, and Complex Track. Reports of all case findings can be found in the BBB National Programs Online Archive

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 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

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

NAD Finds Glade “Up to 50% Longer Lasting Fragrance” Claim Supported; Recommends Discontinuation of “More Authentic Lavender” Claims

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

703.247.9330 / press@bbbnp.org  

New York, NY – October 8, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that S.C. Johnson & Son, Inc. (SCJ) provided a reasonable basis for the claim that its Glade warmers provide “up to 50% longer lasting fragrance” than prior versions, and concluded that certain other challenged claims are non-actionable puffery. However, NAD recommended that SCJ discontinue several comparative claims stating that Glade products have “more authentic lavender” than Air Wick, as well as its usage of the challenged room graphic in connection with the claims “The most adjustable air fragrance warmer” or “Authentic fragrance that adjusts to any room size.” 

The claims at issue, which appeared in online and social media advertising, were challenged by Reckitt Benckiser, LLC (RB), maker of Air Wick products. 

NAD determined that the claim “Redesigned for a superior fragrance experience” was puffery because the claim does not contain a provable, quantifiable attribute. NAD noted that the phrasing of the claim does not convey the message that the product has been redesigned to provide a material improvement to performance, but rather to increase subjective appeal, which remains the type of boastful statement that typifies puffery. 

In addition, NAD determined that the claim “Indulge in a fragrance experience like no other” constitutes non-actionable puffery. NAD noted that the claim does not convey a message regarding superior efficacy or that the consumer will enjoy an objective benefit – only that the scent or “fragrance experience” provided by Glade products is unique. There is no dispute that the fragrance formulae used by members of the air freshener industry are highly proprietary and, thus, unique. 

The challenger also took issue with several comparative claims, such as: 

  • “More authentic lavender than Air Wick”; 
  • “More authentic lavender than Air Wick* *vs. Air Wick Lavender & Chamomile”; and
  • “Experience a more authentic lavender fragrance* *vs. Air Wick Lavender & Chamomile.” 


NAD determined that reasonable consumers could understand these claims to mean that the featured Glade product contains a greater quantity of authentic lavender components than Air Wick, that it has a scent that is more similar to authentic lavender, or that it has a stronger or more intense authentic lavender scent than Air Wick. NAD considered whether the advertiser’s evidence could support any of these messages. However, NAD determined that SCJ’s consumer study was not a good fit for the messages conveyed by the claims because it relied on consumers’ own perceptions about what lavender smells like rather than an assessment of the similarity between Glade and Air Wick’s scents to a real, authentic lavender plant. Therefore, NAD recommended that these claims be discontinued. 

Further, NAD concluded that the advertiser’s use of the claim “True fragrance, crafted only by Glade” constitutes non-actionable puffery. This determination was predicated on NAD’s recommendation that the advertiser discontinue the claim, “Experience a more authentic lavender,” which preceded “True fragrance, crafted only by Glade.” NAD determined that in the absence of the objective, comparative claim, “Experience a more authentic lavender,” the term “true fragrance” holds no objective meaning and is a vague and boastful statement. 

NAD determined that SCJ’s use of a challenged house icon, when viewed in conjunction with either the claim “The most adjustable air fragrance warmer” or the claim, “Authentic fragrance that adjusts to any room size” could reasonably convey that the unsupported message that the warmer is capable of filling a large open space with fragrance. Therefore, NAD recommended that the advertiser discontinue use of the room graphic or modify the advertising to avoid conveying the message that the product can fill any sized space. 

Finally, NAD determined that the advertiser had provided a reasonable basis for the claim “Up to 50% longer lasting fragrance.” NAD determined that the advertiser’s evidence demonstrated that its redesigned warmers provided fragrance for up to 50% longer than their previous versions. 

In its advertiser’s statement, S.C. Johnson stated that it will comply with NAD’s decision. SCJ further stated that it disagrees with NAD’s conclusion that the “consumer testing it commissioned is insufficient to support the claim that Glade’s lavender fragrance is more authentic than Air Wick’s, but appreciates NAD’s careful consideration of the issues presented and will comply with NAD’s decision.” 

### 

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.     

Blog

All About SWIFT: Resolving Straightforward Ad Disputes in a Matter of Weeks

On May 13, Laura Brett, VP of our National Advertising Division (NAD) joined Loeb & Loeb’s David Mallen to discuss the new Fast-Track SWIFT process. The SWIFT process has been officially launched and the NAD team has begun processing claims.
Read more
 

 

 

Upcoming Events

CARU Conference: Virtual Series

Why Diversity and Inclusion is Good for Business: This presentation will cover why a workplace culture that supports diversity is the key to garnering unique ideas that just may be the next big thing. ...
Learn more
Nov 17, 2020 Virtual

Kidvertising 101

Kidvertising 101 is a two-day seminar that provides advertisers, marketers, and legal counsel with the tools and best practices needed to stay out of the crosshairs of the FTC. Whether you are new to ...
Learn more
Nov 18, 2020 Virtual
 

 

 

Frequently Asked Questions

 

 

 

Contact Us

*Required fields