NARB ProgramBackgrounds

National Advertising Review Board

The National Advertising Review Board (NARB) is the appellate body for the U.S. system of advertising industry self-regulation. Five-member NARB panels hear cases appealing an NAD or CARU decision and provide independent industry peer review, ensuring truthfulness and accuracy in national advertising and helping promote voluntary compliance of its decisions—a key pillar of industry self-regulation.

Program Impact

NARB, established in 1971 as a fair and impartial appellate body, reviews appealed NAD or CARU decisions. Nominated by various leading organizations in the advertising industry, NARB members are selected for their stature and experience in their fields. 

 

 

Truth & Transparency

When 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.

Compliance

After 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-Compliance

In 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).
 

For the last 50 years in the advertising industry, companies have held each other to a higher standard. In response to the pressures and criticisms of consumerism that had mounted during the previous decade, in 1971 the advertising industry established the National Advertising Division (NAD) and National Advertising Review Board (NARB), the U.S. mechanism of independent self-regulation that has stood the test of time and technological innovation.

 

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Guidelines & Procedures


Any advertiser or challenger has the right to appeal NAD’s decision to NARB. An advertiser has an automatic right of appeal. A challenger must request permission to appeal from the NARB chair and explain why it believes there is a substantial likelihood NARB would come to a different conclusion on a case than NAD. 

 

News & Blog

Press Release

BBB National Programs Announces 85 Distinguished Panel Pool Members for National Advertising Review Board and New Vice Chair

McLean, VA – January 11, 2022 – BBB National Programs today announced the 85 panel pool members of the 2022 National Advertising Review Board, as well as its 2022 vice chair, Heather Hippsley, who retired in 2020 as Deputy General Counsel of the Federal Trade Commission (FTC) where, among many senior roles over...

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Press Release

BBB National Programs Board of Directors Welcomes IAB CEO David Cohen and Re-Elects Three Members, Including P&G’s Ken Patel as Chair

McLean, VA – December 20, 2021 – The Board of Directors of BBB National Programs, an independent non-profit organization that operates more than a dozen independent industry self-regulation, accountability, and dispute resolution programs, today announced that it has welcomed a new member and re-elected...

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Ad Watchers: Putting Ads to the Truthfulness Test

Mar 8, 2022, 09:00 AM by La Toya Sutton, Attorney, National Advertising Division, BBB National Programs
The monthly Ad Watchers podcast provides listeners with behind-the-scenes access to the nitty-gritty of advertising law. Why? Because advertising law is simple, it’s the execution that’s hard.  Learn more about Season One and what topics are coming up for Season Two, such as effectively using consumer perception surveys, diversity and inclusion in advertising, and demystifying dark patterns.

The monthly Ad Watchers podcast kicked off in the 50th year of the National Advertising Division (NAD), providing listeners with behind-the-scenes access to the nitty-gritty of advertising law. Why? As the co-hosts told you, it’s “because advertising law is simple, it’s the execution that’s hard.”  

To get things started, the podcast answered the foundational question: who makes the rules? It is a common misunderstanding that NAD creates or establishes standards for the U.S. advertising industry. But NAD does not make the rules (learn who does in Who Makes the Rules). Rather, NAD monitors the marketplace and resolves conflicts between companies regarding the truthfulness and accuracy of advertising, ultimately determining whether it is misleading and if the ad needs to be modified based on standards and guidance set by the Federal Trade Commission.  

Across the seven episodes in season one of Ad Watchers, NAD attorneys broke down some of the most frequent advertising issues addressed in NAD cases to reveal the complexity of keeping claims truthful and accurate. Our hosts answered questions like, ‘what makes a disclosure easy to notice, read, and understand?’ and ‘where is the line between opinion and fact?’ applied to current advertising examples from NAD case decisions.  

Season two is just around the corner. This year we have seven more episodes coming your way on topics such as effectively using consumer perception surveys, diversity and inclusion in advertising, and demystifying dark patterns.  

Have an idea for a topic you would like to see covered or a question you want answered in season two? Let us know here

 

Catch up on Season One’s Episodes 

  • Ep. 1: Who’s making these advertising rules? 
  • Ep. 2: What does it mean to have a reasonable basis?
  • Ep. 3: What’s the recipe for a proper advertising disclosure?
  • Ep. 4: How do we step into the shoes of the consumer?
  • Ep. 5: The best podcast ever – what is puffery?
  • Ep. 6: When are advertisers responsible for consumer ratings and reviews?
  • Ep. 7: What evidence do you need to support health claims? 

 

You can subscribe to receive email alerts when new podcast episodes are available.  

 

 

 

Decisions

Decision

National Advertising Review Board Recommends Merck Animal Health Discontinue “Best in Show” Commercial for Bravecto Flea and Tick Preventative for Dogs

New York, NY – May 05, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Merck Animal Health discontinue its “Best in Show” commercial for Bravecto brand flea and tick preventative based on the NARB panel’s finding that the 30-second commercial...

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Decision

National Advertising Review Board Finds Goli Nutrition’s “Apple Cider Vinegar” Gummies Product Name Supported and Not Misleading

New York, NY – April 27, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has determined that Goli Nutrition, Inc. supported its express use of the term “Apple Cider Vinegar” in the product name of its Apple Cider Vinegar (ACV)...

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Decision

National Advertising Division Finds Certain Apartments.com Website Claims Supported; Advertiser CoStar Group Appeals Other Findings

New York, NY – May 4, 2022 – The National Advertising Division (NAD) determined that CoStar Group, Inc. has a reasonable basis for certain Apartments.com claims, however, NAD recommended that CoStar modify or discontinue certain popularity claims, discontinue several of the challenged conversion and web...

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Decision

Brilliant Earth Voluntarily Discontinues “Free Diamond Earrings” and “One Day Only!” Claims Following National Advertising Division Challenge

New York, NY – April 27, 2022 – In a BBB National Programs National Advertising Division (NAD) challenge, Brilliant Earth Group, Inc. voluntarily discontinued claims made in connection with the sale of its diamonds and jewelry. These claims were challenged by competitor Blue Nile.

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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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