NAD Fast-Track SWIFT
SWIFT stands for Single Well-defined Issue Fast Track. A challenge is appropriate for Fast-Track SWIFT if it challenges a single well-defined issue that does not require review of complex evidence or argument and will be capable of resolution within the Fast-Track SWIFT timeline. Decisions are issued within 20 business days from the date payment is received and the advertiser receives the challenge.
Benefits
Benefits
Expedited
Parties receive a decision within 20 business days from case openingSpecific
Challenges are limited to a single, well-defined issueStreamlined
Only one substantive submission is permitted per party
The Process
Eligible claims can include:
- Misleading express or implied claim that does not require review of complex evidence or substantiation such as clinical or technical testing or consumer perception evidence (such as claims about ingredients, superiority, pricing, etc.)
- Response limited to five pages and not more than five evidentiary exhibits.
- Advertisers can object that a case is inappropriate for SWIFT within four business days after the challenge is filed.
- NAD meetings are optional.
Fast Track SWIFT-Disclosure
- Address the prominence or sufficiency of disclosures, including disclosures issues in influencer marketing, native advertising, and incentivized reviews.
- Follows the same process except that the challenge letter is optional and the filing fee is a flat fee, $10,000 for National Partners and $12,500 for Non-National Partners.
Initiating a Case
All Fast-Track SWIFT challenges must be submitted via the NAD Challenge Portal and include:
- The advertiser’s contact information, including identifying the correct person to whom the challenge should be directed
- A copy of the challenged advertising and the date(s) and platforms(s) the challenged claim appeared
- A brief description of the facts showing how the advertising is likely controlled by the advertiser
- Exhibits to support the argument that the challenged claim is not substantiated (if applicable)
- A brief statement as to why the challenged claim is appropriate for the SWIFT process (e.g., it fits within the categories defined as appropriate for SWIFT review, etc.)
- The filing fee must be received by NAD before the 20-day countdown clock will begin on the challenge
Filing Fees
Fees are based on annual revenue per the breakdown below. Filing fee waivers or partial waivers are available if economic hardship is demonstrated.
Fast-Track SWIFT Filing Fees (effective November 9, 2021)
National Partner:
- Annual Revenue Under $250M: $12,000
- Annual Revenue Under $5B: $32,000
- Annual Revenue Over $5B: $40,000
- Fast-Track SWIFT - Disclosure: $10,000
Non-National Partner:
- Annual Revenue Under $250M: $15,000
- Annual Revenue Under $5B: $40,000
- Annual Revenue Over $5B: $50,000
- Fast-Track SWIFT - Disclosure: $12,500
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.
SWIFT Case Decisions
National Advertising Division Finds “Verizon Is the Number One Network Choice in Public Safety” Claim in Verizon Frontline Commercial Supported
New York, NY – May 2, 2023 – In a Fast-Track SWIFT challenge brought by AT&T, the National Advertising Division (NAD) determined that the claim “Verizon is the number one network choice in public safety,” made by Verizon in a commercial for its Verizon Frontline service, is supported.
National Advertising Division Recommends Charter Discontinue or Modify Speed Claim for Spectrum Speed Boost
New York, NY – April 26, 2023 – In a Fast-Track SWIFT challenge brought by AT&T, the National Advertising Division (NAD) recommended that Charter discontinue the claim that “Only Spectrum gives you Speed Boost, for the fastest wireless speeds in the palm of your hand” or modify the advertising to disclose the material conditions...
National Advertising Division Recommends T-Mobile Discontinue “Don’t You Worry ‘Bout Speed” Claim for T-Mobile Home Internet Service
National Advertising Division Recommends T-Mobile Home Internet Commercial be Discontinued or Modified to Avoid Implied Message of Fast 5G Speeds
New York, NY – April 25, 2023 – In a Fast-Track SWIFT challenge brought by Charter Communications, Inc., the National Advertising Division (NAD) recommended that T-Mobile discontinue or modify the challenged commercial to avoid conveying the implied message that all T-Mobile Home Internet...