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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

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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Blog

Politics Aside, Advertising Gains Guidance on Deception and Substantiation in the 1980s

As we continue to celebrate the 50th anniversary of the National Advertising Division (NAD) we are looking forward while taking stock of past decades, with a special focus on decisions and developments that continue to impact advertising law and NAD cases today. This month we highlight two pivotal moments from the 1980’s that helped shape NAD’s jurisprudence.
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Blog

Pivotal Moments for Ad Law in the 70s: Pfizer Factors and Comparative Advertising

In NAD’s first decade (the 1970s), the industry experienced two pivotal legal developments that continue to impact advertising law and NAD cases today. Many advertisers are familiar with “the Pfizer factors,” but most would probably say they do not know much about the facts of the case that created them. And when it comes to comparative advertising, can you identify the FTC document that sent a strong message about the value of truthful comparative advertising?
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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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Podcast

Ad Watchers: How Do We Step into the Shoes of the Consumer?

When you see an advertisement, you are likely taking in much more than just the words you are presented with. The visuals, sounds, and way the language is presented can all impact the implied messages that consumers take away. In general, advertisers are required to have a reasonable basis for all messages conveyed, whether express or implied – that’s the easy part. But figuring out...
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Podcast

Ad Watchers: What’s the Recipe for a Proper Advertising Disclosure?

While it may seem like a niche issue to some, disclosures are something every advertising lawyer needs to know about. On this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the ‘Four Ps’ that advertisers must keep in mind when it comes to disclosures: prominence, presentation, placement, and proximity. Tune in to learn more about the ingredients you need...
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Upcoming Events

Direct Selling Summit: Increasing Consumer Trust

In the midst of a dynamic year in the direct selling industry, business leaders, advertising experts, and salesforce members will convene at the Direct Selling Summit to discuss the biggest advertisin ...
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Jul 27, 2021 Virtual

NAD 2021 Annual Conference

Register for NAD 2021 to celebrate 50 years of advertising industry self-regulation and high standards of truth and accuracy in national advertising. Industry, government, agency, and legal profession ...
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Sep 29, 2021 Virtual

Kidvertising 101

Kidvertising 101 is a one-day workshop providing attendees with hands-on education. This year the event is dedicated to the new Children’s Advertising Review Unit (CARU) Advertising Guidelines, recent ...
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Oct 13, 2021 Virtual