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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

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

Personal Care Products Council Science Symposium 2022

Annie M. Ugurlayan, Assistant Director, National Advertising Division will speak on a panel regarding advertising self-regulation in the U.S. and cosmetics cases
Learn more
Oct 26, 2022 Arlington, VA

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

10th Microbiome & Probiotics R&D & Business Collaboration Forum

Laura Brett, Vice President, National Advertising Division will speak on Advertising Microbiome and Probiotics: Legal Standards and Guidance
Learn more
Oct 28, 2022 Miami, FL
 

 

 

News & Blog

 

Following NAD Inquiry, P&G Modifies Material Connection Disclosures in Influencer TikTok Videos to Ensure They Appear on Other Platforms When Shared

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

703.247.9330 / press@bbbnp.org 

New York, NY – September 10, 2020 – Following an inquiry by the National Advertising Division (NAD) of BBB National Programs, The Procter & Gamble Company (P&G) took steps to ensure that its influencers, who promote its Bounty Paper towels in a series of catchy TikTok videos, embed material connection disclosures in the videos to ensure that clear and conspicuous disclosure appears on any platform where they are shared.   

The videos featured a “dance challenge” in which the influencers break out into a dance while the high-pitched voiceover sings about how it’s time to “clean up your life.” Bounty paper towels appeared in the background and all of the TikTok videos clearly and conspicuously include the hashtag #BountyPartner disclosing the material connection between the influencer and P&G in accordance with FTC guidelines.   

However, when those videos were shared to Instagram, they did not include the #BountyPartner hashtag indicating the paid partnership between P&G and the influencer (but the disclosure did appear when the videos were shared to other platforms - e.g., Facebook). NAD was concerned that consumers seeing the TikTok videos in question on Instagram would not understand that these were paid advertisements.  

P&G was apprised of this issue prior to the challenge and immediately began requiring that influencers embed disclosures in their videos so that disclosures would transfer along with the videos when shared across platforms, and provided examples of such videos. P&G also undertook an internal audit on all associated Bounty content for this campaign and will ensure that all new Bounty TikTok content has embedded disclosures. However, existing TikTok posts could not be edited and reposted due to TikTok’s terms and influencers’ contractual limitations.   

In its advertiser’s statement, P&G stated that it was “pleased that NAD agrees that P&G’s efforts to disclose its material connection with influencers was deemed sufficient” and “values the self-regulatory forum provided by NAD and appreciates the professionalism and commitment shown by NAD in the resolution of this matter.”  

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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.     

Blog

Defining The 'S' In ESG And Navigating Disclosures

For businesses interested in making robust ESG disclosures, not only can the sheer number of frameworks and standards make ESG performance reporting seem overwhelming, the frameworks themselves can be a bit fuzzy on how they define and measure the "S" of ESG.
Read more
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
 

 

 

Decisions

Following NAD Inquiry, P&G Modifies Material Connection Disclosures in Influencer TikTok Videos to Ensure They Appear on Other Platforms When Shared

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

703.247.9330 / press@bbbnp.org 

New York, NY – September 10, 2020 – Following an inquiry by the National Advertising Division (NAD) of BBB National Programs, The Procter & Gamble Company (P&G) took steps to ensure that its influencers, who promote its Bounty Paper towels in a series of catchy TikTok videos, embed material connection disclosures in the videos to ensure that clear and conspicuous disclosure appears on any platform where they are shared.   

The videos featured a “dance challenge” in which the influencers break out into a dance while the high-pitched voiceover sings about how it’s time to “clean up your life.” Bounty paper towels appeared in the background and all of the TikTok videos clearly and conspicuously include the hashtag #BountyPartner disclosing the material connection between the influencer and P&G in accordance with FTC guidelines.   

However, when those videos were shared to Instagram, they did not include the #BountyPartner hashtag indicating the paid partnership between P&G and the influencer (but the disclosure did appear when the videos were shared to other platforms - e.g., Facebook). NAD was concerned that consumers seeing the TikTok videos in question on Instagram would not understand that these were paid advertisements.  

P&G was apprised of this issue prior to the challenge and immediately began requiring that influencers embed disclosures in their videos so that disclosures would transfer along with the videos when shared across platforms, and provided examples of such videos. P&G also undertook an internal audit on all associated Bounty content for this campaign and will ensure that all new Bounty TikTok content has embedded disclosures. However, existing TikTok posts could not be edited and reposted due to TikTok’s terms and influencers’ contractual limitations.   

In its advertiser’s statement, P&G stated that it was “pleased that NAD agrees that P&G’s efforts to disclose its material connection with influencers was deemed sufficient” and “values the self-regulatory forum provided by NAD and appreciates the professionalism and commitment shown by NAD in the resolution of this matter.”  

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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.     

 

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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