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.
Our Programs
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.
NAD Fast-Track SWIFT: The Process
NAD Standard Track: The Process
NAD Complex Track: The Process
About Fast-Track SWIFT (Video)
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
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.”
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.
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.
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.
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
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,...
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.
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.
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...
Resources
National Advertising Division FAQs
National Advertising Review Board FAQs
CFBAI Uniform Nutrition Criteria
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
Brazilian Intellectual Property Association Program on Green Claims
NYC Bar Association Hot Topics in Advertising & Marketing Law
2023 ACC Annual Meeting