Truth-in-Advertising 101

Advertising’s purpose is to convince consumers to buy the advertiser’s product or service. While advertising is often creative and fun, it can also sometimes cross the line into false advertising that misleads consumers and distorts fair competition. The law requires that advertisers tell the truth.

 

This educational resource library shares advertising law basics, including common terms like ‘puffery,’ and helps to draw the line between truthful and misleading advertising.

Basics Videos

This playlist includes multiple videos outlining some advertising law basics. Want to take a deeper dive? Learn more about each 101 advertising law topic by listening to the coordinating Ad Watchers episode.

 

 

 

Truth In Advertising: The Basics Playlist

Watch them one-by-one or select the ad law topics most relevant to you. Watch the full playlist below or on YouTube here.

 

 

 

 

The Ad Watchers

 

 

 

 

The monthly Ad Watchers podcast, brought to you by the National Advertising Division (NAD) of BBB National Programs, 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. 

 

NAD attorneys break down common advertising practices to reveal the complexity of keeping claims truthful and accurate. Hosts will answer questions like, ‘what makes a disclosure easy to notice, read, and understand?’ and ‘where is the line between opinion and fact?’ with real-life case examples from NAD. 

   

SUBSCRIBE WHEREVER YOU LISTEN TO PODCASTS OR LISTEN ON YOUTUBE.

 

 

 
 
Season #1
  • 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?
 
Season #2
  • Ep. 1: How can you avoid the grey areas of green claims?
  • Ep. 2: How do you get consumer perception surveys right?
  • Ep. 3: What should you consider before making cosmetic claims?
  • Ep. 4: How should you present scientific evidence to support your ad claims?
  • Ep. 6: How is direct selling advertising different?
  • Ep. 7: Where is the line between ethical design and dark patterns?
 
Season #3 
  • Ep. 1 : Are you taking care of your health (claims)?
  • Ep. 2: It’s not easy being green. What’s next in ESG?
  • Ep. 3: It’s not puffery. Do you have the evidence to be #1?
  • Ep. 4: A different playing field. Advertising to kids is different?
  • Ep. 5: The NAD Top 10 — Did you know?
  • Ep. 6: What is the appeal of an appeal? Getting to know NARB
 
Season #4
  • Ep. 1 : Ad Watchers: Endorsements & Testimonials - So What’s New?
  • Ep. 2: Ad Watchers: Revisiting Consumer Reviews: Incentivized, Inflated, or Authentic?
  • Ep. 3: The best subject in advertising law: Is it puffery? [Coming soon!]

 

 
Listen on Apple Podcasts
Listen on Google Podcasts
Listen on Spotify
Listen on Stitcher
 
 

 

 

 

 

 

Tips and Advice from NAD

The National Advertising Division wants to help you navigate advertising law. We share our insights with tips, guidance, and case trends to help you address the advertising challenges you face.  

 


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If you missed NAD 2024: Charting the Global Future of Ad Law last month, here is a glimpse of the discussions from the NAD team, leading advertising law lawyers, academics, regulators, and experts from around the world.
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Solving Shared Challenges: A Global Approach to Advertising Self-Regulation

Recognizing the shared challenges society and marketers are facing while reckoning with declining levels of trust, advertising standards authorities are uniting to help ensure responsible marketing across all media channels through the new ICAS Global Think Tank, creating a space for academic, business, and policy leaders to engage in candid discussion, research, and collaboration on the biggest challenges facing the advertising industry.
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Washing Away Deceptive Business Practices

Environmentalist Jay Westerveld first popularized the term “greenwashing” in 1986. As the term has morphed over time, it has spawned derivatives ranging from “AI washing” to “carewashing” to “healthwashing.” These terms serve to expose deceptive practices and encourage responsible behavior.
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Take Care of Your “Health-Lite” Claims

Some advertisers believe they can avoid scrutiny when making health-related claims by making their claim “softer.” But context is key. Health benefit claims must comply with the FTC’s Health Products Compliance Guidance. The substantiation bar is not lowered by changing the approach to the health-related claim.
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Case Digests

 

Each digest includes BBB National Programs case summaries, organized by topic. These Digests are updated annually with new cases.

 

 

Cosmetics, Anti-Aging, and Personal Care Digest

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Digital Marketing Digest

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Environmental Digest

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Telecommunications Digest

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Learning from Cases

 

Advertising law case decisions are packed with information. Each case decision contains real-world guidance on important advertising issues. Read case summaries in the Case Decision Library for up-to-date guidance on advertising law. Want a deeper dive? Subscribe to the Online Archive to access full legal decisions with detailed guidance spanning decades of case decisions across our programs.  

 

 

Subscribe to the Weekly Case Digest – a weekly email outlining the cases published that week.  

 

 

 

 

Formal Guidance

The best way to avoid issues with advertising law is to follow the rules.