NAD Complex Track
NAD's portfolio of filing options for advertising challenges is designed to provide businesses and the legal professionals who support them with transparent, predictable options when pursuing a challenge. NAD “case-choice” options include Complex Track, Standard Track, and Fast-Track SWIFT.
Our Complex Track enhanced filing process provides businesses and their counsel with a customized experience developed to support advertising challenges that involve complex substantiation. Businesses making this choice for their challenge can expect flexible and more predictable scheduling, greater transparency into the case review process, and deeper insights into NAD’s perspective on the evidence.
Complex Track Benefits
Predictable
The length of time from start to finish in more complex cases is more predictable with Complex Track.Streamlined
Complex Track's more detailed process offers reduced conflict in scheduling meetings and seeking extensions.Transparent
Gain greater insight into NAD’s perspective on evidence and arguments before a record is closed.Eligible Claims
NAD Complex Track is designed for challenges that require complex claim substantiation, which may include:
- Cases involving multiple expert reports explaining and/or rebutting the evidence submitted
- Cases where the evidence will include consumer perception surveys or other studies or surveys that can require additional time to complete
- Cases involving challenges to numerous claims made for a variety of products
Complex Track Challenge Process
Initiating a Complex Track Challenge
Because complex cases often require more time than a standard case, parties meet with NAD to schedule additional work and evidence-gathering from the initiation of the case, providing assurance that the timetable is reasonable and fair. The process also includes meetings for NAD to share feedback about the evidence submitted and provide each party with an opportunity to ask questions and provide specific evidence or demonstrate why different evidence is sufficient.
Complex Track challenges may be filed using the NAD Challenge Portal. Challenges commence with the submission of an opening letter listing the claims challenged, why the claims are misleading, with any available evidence that demonstrates the claims are misleading attached, including testing, studies, research or surveys as well as a link to the challenged advertising (or provide copies if the advertising is not available digitally). This submission is limited to 30 pages. Please see the NAD/NARB Procedures for more information.
Scheduling Conference
Parties meet jointly with NAD to map out the timeline necessary to compile evidence in support of a claim or rebut that evidence and jointly discuss the timing of the submissions and the meetings.
Second and Final Case Meetings (Ex Parte)
NAD meets separately with each party to review evidence submitted and provide feedback before their final submission.
Post-Decision
Advertiser states whether it will comply with NAD’s recommendation or appeal all or part of the decision to the National Advertising Review Board. NAD provides parties with a copy of the final case decision and makes it available to the public through press announcements and publication of the decision in the BBB National Programs Case Reports.
Filing Fees
Filing fees cover some of the administrative costs associated with the advertising review process. Fees are based on annual revenue per the breakdown below. Filing fee waivers or partial waivers are available if economic hardship is demonstrated.
Complex Track Filing Fees (effective January 11, 2021)
National Partner:
- Annual Revenue Under $250M: $24,000
- Annual Revenue Under $5B: $40,000
- Annual Revenue Over $5B: $60,000
Non-National Partner:
- Annual Revenue Under $250M: $30,000
- Annual Revenue Under $5B: $50,000
- Annual Revenue Over $5B: $75,000
The filing fees should be accompanied by a statement indicating the category into which the challenger’s gross annual revenue falls. In the case of a subsidiary, the filing fee is determined by the gross annual revenue of the parent company.