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50 Years of Advertising Industry Self-Regulation
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.
Advertising Self-Regulation Through the Decades
The 1960s and 1970s were perilous for the advertising industry due to the threat of government actions to be taken in response to what was viewed as widespread deception and dishonesty in advertising. To clean up its own house, the advertising industry in 1971 created a two-pronged mechanism for advertising industry self-regulation, consisting of the National Advertising Review Board (NARB) and its investigative arm, the National Advertising Division (NAD). Over the past 50 years, each decade has brought heightened scrutiny of truth-in-advertising amid a continuous shifting of advertising trends and ongoing evolution of advertising technologies. Along the way, new precedents have been set in advertising law and from that the consumer has been the primary beneficiary. View Timeline
Honest Ads Kickoff Webinar
On May 18 the founders of the National Advertising Division and National Advertising Review Board got together to talk about why the U.S. system of advertising industry self-regulation works, the challenges faced by advertisers and regulators over the last 50 years, and what they believe will take center stage in the future of ad law.
Thought Leadership
Blog
The 2010s – the Digital Advertising Frontier
In the 2010s, the confluence of social media and digital advertising generated two new issues in advertising law: the use of influencers for marketing and the propriety of native advertising. Both the FTC and NAD provided guidance on these emerging issues during NAD’s fifth decade of work in ad law.
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Blog
The 2000s Introduced the Internet and Influencers to Ad Law
The 2000s was a decade of change as online advertising exploded and, as a harbinger of things to come, the online environment became fertile ground for innovative ways to both communicate with consumers or, for the unscrupulous, take advantage of unwary consumers. The low barriers to entry allowed disrupters to enter the digital space and forced traditional marketers to compete in this space or be left behind.
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Blog
What is Old is Green Again: Ad Law in the 90s
As we continue to celebrate the 50th anniversary of independent industry self-regulation in the advertising industry by looking at the impact of past decades on advertising law, this month we highlight the Federal Trade Commission’s (FTC) Green Guides, first issued in 1992. The Green Guides were designed to respond to changes in consumer understanding and developments in environmental technology.
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Podcast
Ad Watchers: What Evidence Do You Need to Support Health Claims?
Any sort of advertising claims related to health or wellness have a special place within advertising claims substantiation: all advertising claims need a reasonable basis, but when it comes to health claims, that reasonable basis has to be competent and reliable scientific evidence, or CARSE. This means that the results of any study done should reflect how the product will...
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Podcast
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Ad Watchers: When Are Advertisers Responsible for Consumer Ratings and Reviews?
In the increasingly digital landscape, the influence of word-of-mouth has gone viral. Before making a purchase, consumers frequently turn to a product or service's reviews and ratings. Since consumers trust what other consumers have to say, brands want to leverage these voices—but are they responsible for them? In this episode, Hal and...
Podcast
Ad Watchers: The Best Podcast Episode Ever: What is Puffery?
When you hear a claim in an advertisement like, “best in the world,” you probably know that the product has not been measurably proven to actually be the best in the world. And that’s okay, because this is an example of puffery, an exaggerated, blustering, or boastful statement or general claim that could only be understood to be an expression of opinion,...
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