Truth & TransparencyWhen a competitor’s advertising harms consumer trust or threatens a company’s reputation and market share, the advertising self-regulatory system creates a level-playing field for business and helps ensure consumers receive truthful and accurate advertising.
ComplianceAfter a decision, NARB or the challenger can check in on whether the advertiser has made appropriate modifications to its advertising and has 10 days to respond. The case is closed if there is a good faith effort to bring their advertising into compliance.
Non-ComplianceIn cases of lack of good faith efforts to modify or discontinue advertising as a result of a NARB decision, NARB will refer the case to an appropriate government agency, usually the Federal Trade Commission (FTC).
Guidelines & Procedures
News & Blog
BBB National Programs Announces 85 Distinguished Members of 2021 National Advertising Review Board Panel
BBB National Programs Partners with Facebook to Strengthen Truth-in-Advertising Enforcement on the Social Network's U.S. Platform
New York, NY – December 2, 2020 – Taking an important step to advance the effectiveness of its quick and efficient self-regulatory programs, BBB National Programs today announced a new National Advertising Division (NAD) partnership with Facebook.
Big Game, Ad Claims: Reflecting on Super Bowl Advertising Tactics
Super Bowl LV was watched by a total of 96.4 million viewers, according to Nielsen ratings provided by CBS Sports. We were just two of the viewers, but like most of us in the advertising law community we were watching very closely, not just the “Big Game,” but of course the ads.
You may have noticed on social media leading up to the game that we decided to have some fun this year. With a little creative help, we developed a just-for-fun game called #BigGameAdClaim BINGO. Thanks to those who played along.
Being competitive types, we were looking closely for our industry’s fun phrases such as sustainability claims, anthropomorphic animals, and superior performance claims. It was not an ad, but the predictions about the Kansas City Chiefs offense might fit in that latter category.
Here are some thoughts on the issues and trends we spotted in the ads:
- Advertisers have an innate ability to meet consumers where they are, and this year many ads met us where we have spent the past year, in our homes and on our devices. In addition to the ads for snacks and drinks, many others focused on traditional home chores, cleaning, doing laundry, planting gardens, and even getting rid of junk.
- While we did not see a lot of performance claims, many of these ads or products tied to social media or digital campaigns in ways that reflect our increasing use of social media for socializing this year and the associated reliance on our devices.
Other ads specifically targeted that dependence on devices, whether for school, work, entertainment, or for dinner, and demonstrated what can be done on phones or devices now, including an emphasis on gaming and new entertainment platforms. This reflects a trend we have seen at NAD with an increase in challenges to the technology products that are essential to our daily lives.
Several other advertisers were aspirational -- electric cars dominating in the near future, driverless cars, and space travel. A forward-looking trend, possibly a focus to remind us that there is a future in which we will be working and socializing out of our homes, is one we have noted in recent NAD cases.
Though Sunday's matchup between the Tampa Bay Buccaneers and the reigning champion Chiefs was a blowout on the field, the game “outside the lines” seemed respectful of the times we are in with many devoted to public service messages.
Year after year, no matter the mood of the moment, the “Big Game” continues to be a commercial success. Rates for 30-second ad spots during this year's event averaged roughly $5.5 billion, a historic high. And these ads were not just airing on TV; broadcast broke records as the most live-streamed NFL game ever, averaging 5.7 million viewers per minute — up 65% from last year's big game.
Football fans may have been disappointed by the game itself, but we “ad fans” were struck by the positive and hopeful messages that resonated throughout many of the 2021 Super Bowl ads. We eagerly await next year and hope you will join us on February 6, 2022, for our next edition of Big Game Ad Claim BINGO.
NARB Recommends AT&T Disclose Material Connections When Citing Testing Company Data, Modify “Building 5G on America’s Best Network” Claim
A panel of the National Advertising Review Board (NARB) has recommended that AT&T Services, Inc. clearly and conspicuously disclose its material connection to Global Wireless Solutions (GWS) when making a “Best Network” claim that is based on GWS testing. The NARB panel also...
NARB Recommends Comcast Discontinue or Modify “Best In-Home WiFi Experience” Claim and Discontinue its “Roommate” Commercial
A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Comcast Cable Communications, LLC d
NAD Finds One American Association of Orthodontists Video Puffery; Recommends Discontinuation of Unsupported Implied Claims About Competitor’s Platform
New York, NY – March 2, 2021 – The National Advertising Division (NAD) determined that the American Association of Orthodontists (AAO) supported its implied claim that SmileDirectClub, LLC’s retail stores lack on-site medical professionals. However, NAD has recommended...
NAD Recommends T-Mobile Modify Post-Merger 5G Claims to Avoid Implication that Aspirational Benefits are Imminently Available
New York, NY – February 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile, U.S., Inc. modify certain advertising claims that imply imminent availability of certain promoted benefits to T-Mobile customers as...