CFBAI_ProgramBackgrounds_4-28-2020

NAD’s Challenge Process

Any company or non-governmental organization, including trade associations and non-profit organizations, can file a National Advertising Division (NAD) challenge against the truth or accuracy of national advertising in any advertising medium. With the exception of the Fast-Track SWIFT Disclosure track, all NAD challenges are initiated with an opening letter explaining why the challenged claims are misleading, accompanied by supporting exhibits/evidence.

Filing Tracks at a Glance

 

SWIFT Standard

Fast-Track SWIFT

Eligibility

Single, well-defined issue

Challenge Letter

≤ 5 pages

Evidence

≤ 5 exhibits

Briefings

1 Round

Party Meetings

1 Round

Time to Decision (Business Days)

20

Filing Fees

Based on annual revenue

National Partners

$12,000-$40,000

Non-National Partners:

$15,000-$50,000

 

SWIFT Disclosure

Fast-Track SWIFT

Eligibility

Sufficiency of disclosures

Challenge Letter

Optional

Evidence

Optional

Briefings

1 Round

Party Meetings

1 Round

Time to Decision (Business Days)

20

Filing Fees

$10,000

 

Standard Track

 

Eligibility

Multiple issues: single product/line

Challenge Letter

≤ 20 pages

Evidence

Unlimited

Briefings

2 Rounds

Party Meetings

1 Round

Time to Decision (Business Days)

Final Meeting + 20

Filing Fees

Based on annual revenue

National Partners

$8,000-$36,000

Non-National Partners:

$10,000-$45,000

 

Complex Track

 

Eligibility

Multiple issues; complex substantiation

Challenge Letter

≤ 30 pages

Evidence

Unlimited

Briefings

2 Rounds +

Party Meetings

2 Rounds

Time to Decision (Business Days)

Final Meeting + 30

Filing Fees

Based on annual revenue

National Partners

$24,000-$60,000

Non-National Partners:

$30,000-$75,000

 
 

 

 

 

Step 1: Select a Track

NAD offers several options for submitting challenges for review, tailored to the nature of the advertising claims at issue and the complexity of the evidence: Fast-Track SWIFT, Standard Track, and Complex Track. All final NAD decisions are eligible for appeal to the National Advertising Review Board

 

Expand each option to learn more about the track process, eligibility, and overall timeline.

 

 

 

Step 2: Prepare to Initiate your Case

All challenges must be submitted via the NAD Challenge Portal.

 

 With other questions, review the NAD Process FAQs or the NAD/NARB Procedures

 

 

 

 

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. 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. Filing fee waivers or partial waivers are available if economic hardship is demonstrated. BBB National Programs National Partners receive a discount on filing fees.

 

 

 

NAD’s Monitoring Program

As part of its public interest mission to ensure consumers receive truthful and accurate advertising messages, NAD initiates approximately 20-25% of its cases each year based on its own monitoring of advertising in a wide variety of product categories. The goal of NAD’s monitoring cases is to expand the universe of advertising claims that are reviewed for truth and transparency and provide guidance for future advertising. In determining whether to open a monitoring case, NAD considers whether the advertising meets one or more of the following criteria: 

 

  • Targets a vulnerable population (elderly, children, special needs, etc.); 
  • Capitalizes on consumer fears or misunderstanding; 

  • Fills a gap in regulatory efforts of the FTC and state AGs; 

  • Addresses novel or emerging issue of interest for the advertising industry; 

  • Concerns claims that consumers cannot evaluate for themselves; 

  • Achieves diversity among industries that historically participate in self-regulation. 

 

 

Read the Monitoring Program FAQs

 

 

 

Frequently Asked Questions

We have rounded up the most asked questions we receive at the National Advertising Division. Want to submit a question to be added? Let us know at nad@bbbnp.org.

 

Jump to:

The Overview

The Process

Meetings, Decisions, Announcements

NAD’s Monitoring Program

Fast-Track SWIFT 

 

 

 

 

Recent Decisions

Decision

National Advertising Review Board Finds Glad ForceFlex MaxStrength Trash Bag “25% More Durable” Claims on Packaging Not Misleading

New York, NY – May 23, 2024 – A panel of the National Advertising Review Board (NARB) determined that The Glad Products Company’s “25% more durable” claim for Glad ForceFlex MaxStrength bags, as it appears on the packaging of 45- 34- and 20-bag sizes, is not misleading.

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Healy World Discontinue Health-Related and Earnings Claims in Compliance Inquiry

McLean, VA – May 21, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) has recommended that Healy World, a direct selling company that markets consumer health and wellness products, discontinue certain health-related product performance claims made on social media by its salesforce members.  

Read the Decision Summary
Decision

National Advertising Division Refers Problem Pregnancy Center to the MA Attorney General and Social Platforms for Review

New York, NY – May 16, 2024 – The National Advertising Division (NAD) referred advertising claims made by Problem Pregnancy, a crisis pregnancy center, to the Massachusetts Attorney General and social media platforms after the company failed to respond to NAD's inquiry.

Read the Decision Summary
Decision

National Advertising Division Finds Certain Compostability Claims for HoldOn Bags Supported; Recommends Others be Modified or Discontinued

New York, NY – May 16, 2024 – The National Advertising Division determined that HoldOn Bags has a reasonable basis to claim that its trash bags break down in compost environments, but recommended other claims be discontinued. 

Read the Decision Summary

 

BBB National Programs provides summaries of all case decisions in the Case Decision Summary library. For the full text of decisions, subscribe to the Online Archive. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org

 

 

 

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