NAD Complex Track

Complex Track Challenge Process

Use the Complex Track process infographic to get a sense of the Complex Track process at a high level.

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.