National Advertising Review Board (NARB)
The National Advertising Review Board (NARB), established in 1971, is the appellate body for the U.S. system of advertising industry self-regulation. Five-member NARB panels hear cases appealing a National Advertising Division or Children’s Advertising Review Unit decision and provide independent industry peer review, ensuring truthfulness and accuracy in national advertising and helping promote voluntary compliance of its decisions—a key pillar of industry self-regulation.
Nominated by various leading organizations in the advertising industry, NARB members are selected for their stature and experience in their fields.
Case Decisions
Summaries of all case decisions can be found in the Case Decision Summary library.
For the full text of decisions, subscribe to the Online Archive. Members of the press can request the full text of decision by emailing the request to press@bbbnp.org.
Guidelines & Procedures
Any advertiser or challenger has the right to appeal NAD’s decision to NARB. An advertiser has an automatic right of appeal. A challenger must request permission to appeal from the NARB chair and explain why it believes there is a substantial likelihood NARB would come to a different conclusion on a case than NAD.
Frequently Asked Questions (FAQs)
Are there filing fees?
Yes. The fee to appeal or cross-appeal an NAD decision to the NARB is $27,000 for National Partner members and $33,750 for non-National Partners. For Complex Track cases, the fee to appeal is $30,800 for National Partner members and $38,500 for non-National Partners. Challengers must include a non-refundable review fee of $5,000 with their letter requesting permission to appeal, which will be credited toward the filing fee for the appeal if the application to appeal is granted. If the NARB Chair grants a challenger’s request for an appeal, the challenger submits an additional $22,000 or $28,750 (National Partner and non-National Partner fees, respectively, for Standard Track cases) or $25,800 or $33,500 (National Partner and non-National Partner fees, respectively, for Complex Track cases). BBB National Programs can waive or reduce the fee for any appellant or cross-appellant that can demonstrate economic hardship.
Who are the members of the National Advertising Review Board (NARB)?
The NARB panel pool is made up of nearly 100 professionals from three different professional backgrounds: (i) national advertisers, (ii) advertising agencies, and (iii) public members (academics and other members of the public sector). Each appeals panel typically consists of five members, usually three national advertisers, one agency representative, and one public sector representative; appeal panels in Fast-Track SWIFT cases consist of three members. The term for panel pool membership is two years, and each member is eligible to be re-appointed for two additional two-year terms. Meet the Panel Members.
Are there cross-appeals?
Yes, a challenger can cross-appeal any claims/issues not appealed by the advertiser by submitting a request to the NARB Chair within five business days of receipt of the final case decision. In the case of a challenger appeal, the advertiser can appeal additional claims/issues by submitting a request to the NARB Chair within five business days of receipt of the NARB Chair’s decision to allow the challenger appeal.
When a cross-appeal is filed, the parties essentially have two submissions each: the opening submission and their response to the opposing party’s submission. The rules limit these letters to 15 pages each (for a total of 30 pages), but the parties may choose to apportion the pages differently, say 20 pages in the first submission and 10 pages in the second, so long as the total does not exceed 30 pages.
What is the process?
The appeal begins with the submission to NAD of the Advertiser’s Statement indicating its intention to appeal. The NAD attorney submits the case record to NARB within five business days. When the digitized case record is sent out to all parties, the briefing schedule begins. Within ten business days of receipt of the case record, the advertiser submits its brief to NARB. The challenger submits its brief within ten business days of receipt of the advertiser’s brief. The process will differ if there is a cross-appeal. Hearings take place virtually, during which parties deliver oral arguments and panel members question the parties. NAD is present to answer panelist questions. The panel deliberates and reaches a decision, which is then transmitted to NAD and the advertiser. Within five business days of receipt of the decision, the advertiser must submit a statement agreeing to the Panel recommendations, or the file will be referred to an appropriate government agency.
Can a challenger appeal an NAD decision?
Yes, but the standard of review for a challenger appeal to be granted is that there must be a substantial likelihood that the NARB will reach a different result from the NAD. The NARB Chair makes that determination.
Can a CARU decision be appealed and, if so, what is the process?
Yes. The CARU appeals process is found at Section 3.1-3.9 of the CARU Procedures.
Can a Fast-Track SWIFT decision be appealed and, if so, what is the process?
Yes. See Section 7.1-7.9 of the NAD/NARB Policies and Procedures.
Can a Complex Track decision be appealed and, if so, what is the process?
Yes. The process follows the same process as a Standard Track NAD case, found in Section 5.1-5.10 of the NAD/NARB Policies and Procedures.
Can an advertiser agree to comply with a recommendation to discontinue or modify a claim but still appeal an NAD conclusion or a factual finding?
Yes. Section 5.1-A (2) refers to an appeal of “all or a part of” NAD’s decision. Similarly, Section 5.2-A refers to an advertiser’s appeal of one or more “issues” involved in the case. Section 5.2-C allows the challenger to cross-appeal “any additional issues considered by NAD.” Thus, appeals are not limited to NAD recommendations to discontinue or modify a claim but can include legal or factual “issues” addressed by NAD. Such appeals have rarely happened, however.
If a challenger submits a petition to file an appeal pursuant to Section 5.2-B, and the advertiser submitted confidential information, will the Chair review it?
Yes. The Chair will review the confidential information.
