Advertising Self-Regulation

Promoting truthful, transparent, responsible advertising through self-regulation, monitoring, and enforcement

 

Businesses that advertise and market their products and services need to commit to truthful and responsible advertising, allowing consumers to make informed choices and companies to build and nurture valuable consumer relationships.

 

To learn more about our work—and to join in the effort—please check out the programs, initiatives, and resources below. 

 

 

 

 

 

 

Advertising Guidance

 

Since the creation of the National Advertising Division (NAD) in 1971, the advertising industry has supported high standards for truth and transparency through a comprehensive system of independent industry self-regulation programs.

 

Those programs enforce high standards of truth and accuracy in national advertising and ensure that advertising to children is not misleading or inappropriate. Beyond formal guidance, each of our case decisions contain real-world guidance on important advertising issues that attorneys can leverage for their clients and marketing professionals can follow to avoid advertising substantiation problems. Access summaries of all decisions in our Case Decision Summary library. Subscribe to the Online Archive for the full text of all decisions.

 

As the advertising landscape continues to evolve, we adapt our programs to the challenges posed by new products, new industries, and new advertising technology.

 

 

Truth in Advertising 101

 

Our educational resource library of tips, videos, and guidance shares advertising law basics, including defining common terms like ‘puffery,’ and how to draw the line between truthful and misleading advertising.

 

 


 

Endorsements & Testimonials

What is the proper way to use endorsements and testimonials in advertising, while staying truthful and out of the crosshairs of NAD and the FTC?

 

 


 
Puffery

Why don’t exaggerated or boasting claims made in advertising, known as puffery, require a reasonable basis of evidence?

 

 


 

Express and Implied Claims

What is the difference between an express or implied claim and does an advertiser need to have evidence to support both?

 

 

 

 

 

 

 

 

 

 

Process

 

Our advertising programs uphold standards for truthful and responsible advertising and responsible targeted advertising data collection practices through:

 

  • independent monitoring;

 

  • competitor challenges; and

 

  • corporate commitments to voluntary standards.

 

 

Though competitor advertising challenges, business can play a significant role in building trust with consumers and supporting fair competition in the marketplace.

 

 

 

 

 

Reports

The expansion of industry self-regulation programs across industries, most recently with the direct selling and dietary supplement industries, demonstrates how this voluntary system can be a proactive solution to emerging industry challenges. 

 

 

 

 

 

Recent Case Decisions

Decision

Mint Mobile Appeals National Advertising Division Recommendation to Discontinue or Modify Claim that its Unlimited Plan is “Now Just $15/Mo.”

New York, NY – October 4, 2023 – In a Fast-Track SWIFT challenge brought by AT&T, the National Advertising Division (NAD) recommended that Mint Mobile discontinue or modify the claim that its Unlimited Plan is “now just $15/mo.” 

Read the Decision Summary
Decision

National Advertising Review Board Refers Smile Prep’s Clear Aligners Advertising to FTC After Compliance Review

New York, NY – September 27, 2023 – The National Advertising Review Board (NARB) has referred advertising claims made by Smile Prep to the FTC for review and possible enforcement action after the company declined to accept NARB recommendations to modify certain claims and disclosures on its website. 

Read the Decision Summary
Decision

National Advertising Division Recommends MacuHealth Discontinue or Modify Certain Claims for Several Brands of Eye Health Dietary Supplements

New York, NY – September 21, 2023 – In a challenge brought by Vision Elements, the National Advertising Division (NAD) recommended that MacuHealth modify or discontinue certain claims for its dietary supplement products.  

Read the Decision Summary
Decision

National Advertising Division Refers Advertising by SBLA Beauty to the Federal Trade Commission for Review for Failure to Participate

New York, NY – September 21, 2023 – The National Advertising Division (NAD) has referred advertising claims made by SBLA Beauty, Inc. to the Federal Trade Commission (FTC) after the company failed to provide a substantive response to NAD’s inquiry.    

Read the Decision Summary

 

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. Other case decisions are available publicly: Direct Selling Self-Regulatory Council and Digital Advertising Accountability Program. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org

 

 

Filtered Case Feeds

 

 

 

Online Archive

 

Gain access to all BBB National Programs full legal decisions in the Online Archive, a unique and valuable resource that provides years of insightful guidance and in-depth knowledge on important advertising issues. Learn more about the Online Archive.

 

The full text of some case decisions are available publicly: Direct Selling Self-Regulatory Council and Digital Advertising Accountability Program. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.

 

 

 

Latest Announcements

Press Release

BBB National Programs Unveils New Guardrails for Child-Directed Advertising & Privacy in the Metaverse

McLean, VA – October 3, 2023 – BBB National Programs’ Children’s Advertising Review Unit (CARU) today released new Guardrails for Child-Directed Advertising and Privacy in the Metaverse, a set of realistic, actionable recommendations and best practices intended to help companies develop metaverse experiences directed to children,...

Read the Press Release
Press Release

BBB National Programs Announces 91 Distinguished Panel Pool Members for 2023 National Advertising Review Board

McLean, VA – January 10, 2023 – BBB National Programs today announced the 91 panel pool members of the 2023 National Advertising Review Board, the appellate body for the U.S. advertising industry’s system of self-regulation, selected for their stature and experience in their fields.

Read the Press Release
Press Release

Walmart Joins BBB National Programs’ CARU COPPA Safe Harbor Program for Roblox Product

McLean, VA – December 12, 2022 – Walmart joins BBB National Programs’ Children’s Advertising Review Unit (CARU) COPPA Safe Harbor Program to ensure that its new immersive Roblox experience complies with the stringent requirements of the Children’s Online Privacy Protection Act (COPPA) and CARU’s Self-Regulatory Guidelines.

Read the Press Release
Press Release

Children’s Advertising Review Unit Issues Compliance Warning for Child-Directed Advertising in the Metaverse

McLean, VA – August 23, 2022 – BBB National Programs’ Children’s Advertising Review Unit (CARU) today issued a new compliance warning regarding the application of CARU’s Self-Regulatory Guidelines for Children’s Advertising to advertising practices directed to children in the metaverse. This warning puts advertisers on notice...

Read the Press Release

 

 

 

Resources

Breaking Down Greenwashing in Advertising

 

The 4A’s resource, Greenwashing and Advertising: What Your Agency Needs to Know When Making Environmental Claims provides an outline of the rules around making environmental advertising claims and how the National Advertising Division (NAD) and others are helping to regulate them. In the past decade, NAD cases involving environmental claims in advertising have been on the rise. NAD vice president Laura Brett said “Once you see something become a priority for consumers, the response of course is for the industry to offer products that meet that demand, and I think that is why we have seen an increase in challenges to environmental claims, a high-profile issue that a lot of consumers are concerned about.”

 

 

 

Events

11th Food and Beverage Compliance Exchange

Daniel Range, Attorney, National Advertising Division will participate in the session NAD Explained—Examining the Roles and Procedures of the National Advertising Division
Learn more
Oct 09, 2023 Chicago, IL

Brazilian Intellectual Property Association Program on Green Claims

Eric Unis, Senior Attorney, National Advertising Division (NAD), BBB National Programs will participate
Learn more
Oct 09, 2023 Virtual

NYC Bar Association Hot Topics in Advertising & Marketing Law

William Frazier, Attorney, National Advertising Division will participate in this annual event that provides its audience with an update on the most important developments affecting advertisers over t ...
Learn more
Oct 18, 2023 New York, NY

2023 ACC Annual Meeting

Dona Fraser, Senior Vice President, Privacy Initiatives, BBB National Programs will lead a session on Maximizing the Metaverse: Avoiding Advertising Pitfalls and Finding Success
Learn more
Oct 23, 2023 San Antonio, TX