The Ad Watchers: Recent Episodes
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Join National Advertising Division attorneys on this podcast as they explore advertising claims and what it means to put them to the truthfulness test.
With more consumers seeking debt relief and digital financial tools than ever before, claims about savings and financial outcomes are drawing increased attention from regulators, competitors, and self-regulatory bodies alike.
In this episode of Ad Watchers, attorneys from the National Advertising Division (NAD) break down recent cases involving debt relief providers and personal finance apps, exploring what advertisers need to know about substantiating savings claims, survey-based advertising, typical consumer results, and clear disclosures.
Tune in to learn how advertisers can better align their claims, evidence, and disclosures in the financial services marketplace.
Related Resources:
- National Advertising Division Finds Certain Chase Sapphire Claims are Puffery; Recommends JPMorgan Chase Modify or Discontinue Others
- NAD Recommends J.G. Wentworth Company Modify its ‘Cash Now’ Claims to Clearly and Conspicuously Disclose Material Information about Timing of Payment
- National Advertising Division Recommends Cash App Financial Services Platform Discontinue or Modify Megan Thee Stallion Video About Investing
- National Advertising Division Recommends Guideline Modify or Discontinue “#1” and “Most Popular” 401(k) Claims
- National Advertising Division Recommends Guideline Clarify Annual Recurring Revenue Claim
- National Advertising Division Finds Certain Guideline 401(k) Claims Supported; Recommends Others Be Modified or Discontinued
- National Advertising Division Finds Certain Vestwell “Annual Recurring Revenue” Disclosures Sufficient; Recommends Modification to Disclose Methodology
- National Advertising Division Recommends National Debt Relief Modify Certain Debt Settlement Services Claims
- National Advertising Division Recommends Monarch Money Discontinue Certain Money Management Influencer Claims
Enjoyed this episode? Get caught up on past seasons of Ad Watchers and subscribe to never miss an episode.
Chapters:00:51 – Rising prices and financial pressure
Introduces consumer anxiety surrounding higher everyday costs, debt, bill payments, and saving for the future.
01:40 – Financial product advertising and self-regulatory cases
Sets up the episode’s focus on financial products, NAD monitoring cases, competitor challenges, and recurring advertising disputes.
10:06 – Debt settlement advertising and vulnerable consumers
Explains why debt relief advertising receives heightened scrutiny and introduces concerns about program qualifications and material limitations.
10:37 – How debt settlement programs work
Reviews unsecured debt, third-party accounts, creditor negotiations, client approvals, fees, and the time required to complete a program.
11:47 – National Debt Relief claims, timelines, and disclosures
Examines claims about financial stability, 24-to-48-month results, savings percentages, unsecured debt limitations, and clear disclosures.
13:12 – Accredited Debt Relief and typical consumer experience
Covers claims about cutting payments in half, reducing total debt by 50%, and becoming debt-free in as little as 12 months.
15:25 – Debt settlement advertising takeaways
Explains how advertisers can present debt and payment reductions without overpromising and where material limitations should appear.
15:46 – Monarch Money and financial app claims
Introduces the budgeting app and its claims about savings, financial clarity, partner conversations, and control over finances.
17:12 – Survey design and the $200 monthly savings claim
Looks at sample design, the missing “don’t know” option, ambiguous survey language, and the need for claim-specific evidence.
18:14 – Couples, control, and unsupported survey claims
Explains why single-user data could not support a couples claim and why the survey did not adequately support the financial-control claim.
19:01 – Chase Sapphire and “most rewarding” credit card claims
Examines when “most rewarding” is puffery, when it communicates a measurable superiority claim, and how Chase calculated the value of its card benefits.
22:55 – Final takeaways on reliable data and clear disclosures
Ends with guidance to match claims to reliable evidence, understand the target audience, and disclose material limitations clearly and conspicuously.
The post How Are Rising Financial Pressures Impacting Advertising Claims? appeared first on BBB National Programs.
Influencer marketing is now a major part of the advertising landscape, but questions around disclosures, sponsored content, material connections, and misleading claims continue to create challenges for brands, agencies, creators, and consumers.
In this episode of Ad Watchers, our hosts speak with Jennifer Santos about the Institute for Responsible Influence, an initiative designed to help creators and brands better understand responsible advertising practices. The conversation covers IRI’s certification program, FTC endorsement requirements, disclosure best practices, creator education, monitoring, accountability, and the growing global conversation around influencer self-regulation.
The episode highlights a key takeaway for advertisers and creators: responsible influence is not just about compliance. It is also about transparency, credibility, and building consumer trust in influencer marketing.
Related Resources:
- Institute for Responsible Influence / Responsible Influence Certification Program
- Influencer Marketing Consumer Insights: What can lead to distrust?
- National Advertising Division
- FTC Endorsement Guides
- Influencer Trust Index
Enjoyed this episode? Get caught up on past seasons of Ad Watchers and subscribe to never miss an episode.
Chapters:00:00 – Welcome and episode introduction Introduces Ad Watchers and frames the episode around influencer advertising, material connection disclosures, and NAD’s ongoing interest in influencer marketing.
01:57 – Introducing the Institute for Responsible Influence Explains the Center for Industry Self-Regulation’s Institute for Responsible Influence and its goal of promoting transparency and consumer confidence in advertising.
03:08 – Why IRI was created Covers how IRI grew out of concerns around misinformation, undisclosed sponsorships, misleading claims, and lack of awareness around advertising standards and FTC guidance.
04:14 – Responsible Influence Certification Program Introduces the 90-minute certification program designed to educate creators on responsible advertising practices.
06:08 – How creators, brands, agencies, and consumers benefit Explains how the program helps creators understand rules, helps brands identify responsible partners, and gives consumers more transparent and truthful content.
08:01 – Certification process and requirements Breaks down the training modules, assessment, annual renewal, best practices pledge, and certification seal.
10:00 – Early response and global momentum Discusses positive response from the creator ecosystem and how responsible influence certification is becoming part of a broader global conversation.
12:16 – Beauty, health, and wellness influencer marketing Looks at industries that have been especially receptive to IRI, including beauty and health and wellness, where trust and influencer engagement are especially important.
14:58 – Monitoring and accountability for certified creators Explains how IRI monitors certified creators’ public content and provides guidance when potential issues arise.
18:24 – Common education gaps for influencers and brands Covers major areas where more education is needed, including material connections, disclosure requirements, intellectual property, and shared responsibility between brands and creators.
22:39 – Ongoing obligations for certified creators Explains that certification is not a one-time exercise; creators must continue applying responsible influence principles in future content and brand partnerships.
23:50 – Building consumer awareness of the certification seal Discusses the long-term goal of helping consumers recognize the certification seal as a signal of responsible advertising practices.
26:48 – The future of influencer self-regulation Looks ahead to the creator council, certified creator database, vertical-specific trainings, and broader collaboration across the creator economy.
31:14 – Final takeaway: consumer trust and responsible influence Recaps the importance of training, clear rules of the road, material connection disclosures, and building consumer trust through responsible influencer marketing.
The post What makes an influencer trustworthy? appeared first on BBB National Programs.
With heightened consumer expectations around safety, transparency, and performance, infant care brands face growing pressure to ensure their advertising claims are properly supported.
In this episode of Ad Watchers, NAD attorneys explore the evolving and innovative landscape of infant care marketing, from infant formula and diapers to AI-powered baby monitors and bassinets. Learn about recent cases and ensuring vulnerable audiences fully understand the benefits and limitations of advertised products in this multidimensional category.
Related Resources:
- NAD Case #7422: Kendal Nutricare Limited
- Appeal: NARB Case #7422-342: Kendal Nutricare Limited
- NAD Case #7347: Kendamil Infant Formula Packaging
- NAD Case #7098: Perrigo Company plc
- NAD Case #7248: Kimberly-Clark Inc.
- NAD Case #7376: Rascals International Limited
- NAD Case #7064: WaterWipes
- NAD Case #7086: WaterWipes
- NAD Case #7544: UdiSense, Inc. (Nanit)
- NAD Case #7485: Dorel Juvenile Group, Inc.
- NAD Case #7486: ADC Solutions USA, LLC d/b/a Horizon Brands, LLC
Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.
Chapters:
00:00 – Welcome and infant care case overview
Introduces the episode’s focus on infant formula, diapers and wipes, monitors, bassinets, and related infant-care product claims.
02:26 – Infant formula claims: natural, clean, and comparative nutrition
Covers Kendall Mill claims around natural ingredients, clean formula messaging, and comparative nutrition support.
05:37 – Cognitive development and European sourcing claims
Looks at MFGM, whole milk, breast-milk comparisons, and European-origin symbolism on packaging.
12:23 – Formula savings and affordability claims
Examines savings claims for hypoallergenic infant formula and where broader equivalence messaging went too far.
15:06 – Diaper fit, absorbency, and biodegradable claims
Reviews best-fitting diaper claims, quantified absorbency claims, and the need to qualify biodegradable messaging under the FTC Green Guides.
20:24 – Baby wipes claims and diaper-rash messaging
Covers number-one wipe claims, clinically proven language, and implied safety or superiority messaging in wipes advertising.
23:25 – Smart baby monitor claims and category expansion
Explores number-one baby monitor and number-one smart baby monitor claims and how NAD viewed the broader monitor category.
26:31 – AI bassinets and AI-powered baby monitors
Breaks down claims about cry translation, emotion detection, and AI-supported device functionality.
30:30 – Safety claims and COPPA issues in connected infant products
Covers strong safety messaging, detection limitations, and COPPA-related review of connected infant products.
32:00 – Final takeaways on vulnerable audiences and substantiation
Ends with the importance of narrowly tailoring claims, especially in infant care and green-claims contexts.
The post How Should Brands Advertise Infant Care Products Without Overpromising? appeared first on BBB National Programs.
Ad Watchers: Are pet product claims more marketing than reality?
Pet product advertising is facing increased scrutiny, and recent National Advertising Division (NAD) cases highlight why precision in claims matters.
In this episode of Ad Watchers, NAD attorneys break down key cases involving “human-grade” pet food, ingredient and comparative claims, savings messages, Made in USA qualifications, and common issues like puffery and odor or stain elimination claims.
The episode underscores a critical point for advertisers: substantiation standards apply just as rigorously to pet products as they do to products for humans.
Related Resources:
- NAD Case #7546: Freshpet, Inc.
- NAD Case #7360: POOPH Pet Odor & Stain Eliminator
- NAD Case #7378: PetIQ NextStar Flea & Tick Topical
Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.
The post Are pet product claims more marketing than reality? appeared first on BBB National Programs.
In this episode, the National Advertising Division (NAD) examines the rapid rise in pharma and health-related cases—now a significant and growing share of its docket. The conversation explores some of today’s most closely scrutinized issues, including GLP-1 and compounded drug claims, and a wide variety of health claims from eczema to plantar fasciitis, as well as strikethrough pricing and endorsement disclosures.
This episode offers a timely look at how self-regulation is shaping industry practices through its wide-ranging guidance amidst increasing legal and regulatory pressure.
Related Resources:
- NAD Case #7455: Galderma Laboratories, L.P.
- NAD Case #7489: Agendia, Inc.
- NAD Case #7534: Midi Health, Inc.
- NAD Case #7518: Fletcher Family Medical
- NAD Case #7430: The Good Feet Store
Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.
The post What Can Brands Say About Health Without Crossing the Line? appeared first on BBB National Programs.
It is common for advertisers to engage in a little healthy competition, directly comparing their products to a competitor’s to inform consumers about the differences between them. But what happens when things get mean? It crosses the line when denigrating claims are false.
The National Advertising Division’s (NAD) mission is to ensure that consumers are getting accurate advertising, to enhance trust in the marketplace. In this final episode of the season, hosts Annie and Eric discuss denigrating claims cases that have come before NAD and how our advertising lawyers break down when a line has been crossed.
Tune in to learn practical lessons for advertisers, lawyers, and marketing teams navigating competitor claims.
Related Resources:
- 2025 NAD Annual Conference – register now!
- Goose Creek Candles “Bath, Body & Home”
- Genexa Kids Pain Medicine
- Molson Coors “Tastes Like Water”
- Welch’s Fruit Snacks
- Vrbo Host-Free Claims
- Tempur-Pedic Flimsy Mattresses
- Dollar Shave Club Parity
- AT&T’s DirectTV
- Blue Buffalo Competing Pet Foods
Chapters
- 00:00 – Intro & NAD Conference Reminder
- 02:00 – Defining Denigrating Advertising
- 03:00 – Goose Creek vs. Bath & Body Works: “Harmful chemicals” claims
- 05:00 – Genexa vs. Johnson & Johnson: Ingredient comparisons gone wrong
- 09:50 – Vrbo vs. Airbnb: “Host-free” campaign and implied disparagement
- 11:00 – Tempur-Pedic vs. Sleep Number: “Air mattress” claims
- 18:00 – Blue Buffalo vs. Mars Petcare: Comparative claims and consumer perception
- 21:30 – Key Takeaways: Humor isn’t a defense, keep it narrow, expect challenges
- 22:10 – Closing & Season Wrap
The post In Your Face – Where do you draw the line with denigration? appeared first on BBB National Programs.
In 2024, 82% of U.S. marketers used influencer partnerships in ad campaigns at a value of a whopping $24 billion. Influencer marketing is a key cornerstone of marketing campaigns, but how much do consumers trust influencers and influencer marketing?
In this episode of Ad Watchers, hosts Annie and Eric are joined by Katie Goldstein of SuperAwesome to discuss recent data commissioned by the National Advertising Division to establish consumer trust in influencer advertising. The survey found that one of the biggest reasons for distrust in influencers is a lack of transparency and honesty about brand association and the disclosure of the connection to the brand. They dig into the data, discuss influencer best practices for brands, and learn about influencer trust as it relates to children.
Key Takeaways:
00:00 Influencer marketing is a cornerstone of modern advertising.
05:48 Consumers expect transparency in influencer-brand relationships.
10:16 Younger demographics are more trusting of influencers but require clear disclosures.
17:09 AI in advertising poses potential risks for misleading claims.
23:02 Key Takeaways and Conclusion:
- Parents should actively engage with their children’s online content.
- Not all influencer content is harmful; some can be beneficial.
- Brands need to align with influencers who share their values.
- Transparency is crucial for building trust with younger audiences.
- The FTC emphasizes the need for clear advertising disclosures to kids.
- Understanding the content can lead to better conversations between parents and children.
Related Resources:
- 2025 Influencer Trust Index
- Children’s Advertising Review Unit (CARU)
- CARU COPPA Safe Harbor Program
- CARU Pre-Screening Services
The post Influencer Marketing Consumer Insights: What can lead to distrust? appeared first on BBB National Programs.
Health-related advertising claims are held to a higher standard of proof than other claims. For health-related claims, a “reasonable basis” requires advertisers to provide competent and reliable scientific evidence (CARSE). In this episode, your hosts Annie and Eric dig into the weeds of National Advertising Division cases on GLP-1, claims that certain foods could “boost brain health,” performance claims like “live longer” and “jump higher,” and other drug and dietary supplement claims, including those targeted to creating a “calm mood” in children.
Key Takeaways
00:00 Introduction to the National Advertising Division
00:56 Health Claims Overview
02:22 Regulatory Guidance on Health Claims
05:17 Competitor Challenges in Health Claims
08:38 Nutritional Claims and Evidence
11:31 Dietary Supplements and Drug Claims
14:24 Case Studies on Dietary Supplements
15:46 Advertising to Different Audiences
19:07 Claims in Sports Performance Products
22:26 Pain Relief Products and Evidence
23:51 Oral Care Products and Claims
28:36 Final Tips and Conclusion
The post Time for a Health Claims Checkup? appeared first on BBB National Programs.
The U.S. advertising industry founded the National Advertising Division (NAD) to build consumer trust in advertising and support fair competition in the marketplace. Through this soft law model, responsible brands voluntarily discontinue or modify challenged misleading ad claims. In this era of deregulation, industry leaders can learn from the advertising industry and keep moving forward even if government does not.
In this episode of Ad Watchers, hosts Annie and Eric talk with Howard Smith, the Executive Director of the Center for Industry Self-Regulation (CISR), a charitable non-profit that is working to educate industries on the power of soft law. Howard discusses the current landscape, the call to action for business leaders to embrace industry self-regulation models for addressing systemic industry challenges, and how CISR is working on an education intuitive that will help provide a long-term solution.
Related Resources:
- CISR’s Research Center
- Curriculum for Law, Business, and Public Policy Schools
- CISR’s Incubator for New Ideas
The post Expanding Knowledge of Soft Law – What is CISR? appeared first on BBB National Programs.
A single-issue ad law case does not mean it is not an important issue. For the last 5 years, the Fast-Track SWIFT filing track has addressed the increasing speed of online campaigns and the demand for the challenge process to keep pace, issuing decisions within 20 days of the challenge.
In this episode of Ad Watchers, hosts Annie and Eric discuss the rapid rise in single-issue advertising NAD challenges, a 3-fold increase in the last three years, and outline the types of cases seen, such as disclosure and #1 claims.
Related Resources:
- Fast-Track SWIFT
- National Advertising Division Finds ‘Verizon Is the Number One Network Choice in Public Safety’ Claim in Verizon Frontline Commercial Supported
- National Advertising Division Recommends DREO Limited Discontinue “#1 Brand” Claims for its Fans and Heaters
- National Advertising Division Recommends Tempur-Pedic Discontinue Disparaging Claims Against Sleep Number
- National Advertising Review Board Recommends that Perrigo Discontinue ‘#1 Brand of Flossers’ Claims for its Plackers Brand Dental Floss Products
- National Advertising Division Finds T-Mobile’s Claim that it is the First and Only Wireless Provider to Partner with Starlink Supported
- In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim
- National Advertising Division Recommends Oral Essentials Discontinue “Enamel Safe” Claim for Lumineux Whitening Mouthwash
The post 5 Years of SWIFT – Does it meet the need for speed? appeared first on BBB National Programs.
The National Advertising Division (NAD) Annual Report provides a comprehensive look at the year’s ad law trends and hot topics, from influencers to AI to reviews and rankings.
To kick off a new season of Ad Watchers, hosts Eric and Annie provide insights from the 2024 Annual Report and discuss what’s next in the year ahead, along with some timely best practices for advertisers.
Annie and Eric discuss the report, highlighting key trends in advertising law, including the rise of influencer marketing, AI challenges, and comparative claims. They emphasize the importance of compliance in health and safety claims and preview upcoming events, including the 2025 NAD conference.
Key Takeaways:
- NAD has over 50 years of experience in advertising law.
- The annual report reveals significant trends in advertising disputes.
- Fast-Track SWIFT filings have increased by 50% since 2023.
- Influencer marketing cases are on the rise, especially in beauty.
- AI-related advertising issues are becoming more prevalent.
- Comparative claims continue to be a major focus for NAD.
- Health claims require competent and reliable scientific evidence.
- NAD is seeing new product categories and challenges.
- The 2025 NAD conference will be held in September in Washington, D.C.
Chapters:
[00:00] Introduction to NAD and Advertising Law
[02:12] Annual Report Insights and Trends
[07:29] Influencer Marketing and AI Challenges
[12:11] Comparative Claims and Industry-Specific Cases
[17:03] Health and Safety Claims in Advertising
[19:29] Looking Ahead: NAD Conference and Future Trends
The post The Ad Law Trend Report – What were 2024’s hot topics and trends? appeared first on BBB National Programs.
In the final episode of the season, Ad Watchers hosts Annie Ugurlayan and Eric Unis go global. They are joined by Sibylle Stanciu-Loeckx, the executive director of the International Council for Advertising Self-Regulation, to discuss the international landscape of advertising self-regulation, including global hot topics, how countries find consensus on critical advertising issues, and the launch of a new Global Think Tank established to explore advertising’s next frontier.
Annie, Eric, and Sibylle discuss the importance of advertising self-regulation on a global scale. They cover the diverse approaches to advertising standards across different countries, the current challenges faced by self-regulatory organizations, and the launch of a new Global Think Tank aimed at fostering collaboration and developing better advertising guidelines. This episode emphasizes the need for ethical advertising practices and examines the role of AI in shaping the future of advertising self-regulation.
Key Takeaways:
- Cultural differences shape advertising self-regulation systems.
- AI presents both opportunities and challenges in advertising.
- Collaboration among self-regulatory organizations (SROs) is essential for effective self-regulation.
- The ICAS Think Tank aims to enhance global advertising standards.
- Consumer complaints are a significant focus for many SROs.
- Sustainability and responsible advertising are hot topics globally.
- US advertising regulations influence global practices.
- Ethics in advertising is a universal commitment.
Chapters
00:00 Introduction to Advertising Self-Regulation
02:02 Exploring ICAS and its Global Impact
10:10 Diverse Approaches to Advertising Self-Regulation
14:52 Current Challenges in Advertising Self-Regulation
20:06 Building Consensus Among Global SROs
24:51 Future Trends in Advertising Self-Regulation
Relevant Resources:
- Solving Shared Challenges: A Global Approach to Advertising Self-Regulation
- ICAS Global Think Tank Press Release
- ICAS/EASA Global Guidance on Environmental Claims
- Listing of ICAS Members
- NAD 2025 Annual Conference – Sign up for updates
- Monthly Ad Law Insights Newsletter
The post A Chat with ICAS: What Are Ad Law’s Global Hot Topics? appeared first on BBB National Programs.
Artificial intelligence (AI) is top-of-mind for most businesses and on the radar of the National Advertising Division (NAD). In this episode of The Ad Watchers, NAD attorneys Eric Unis and Annie Ugurlayan are joined by guest Ken Crutchfield from Wolters Kluwer Legal & Regulatory U.S. to discuss AI’s potential impact on advertising.
Annie, Eric, and Ken chat about how AI is shaking things up in advertising and the law. Their discussion includes a comprehensive overview on the types of AI, how it works, and where advertisers may want to tread lightly. They dive into a recent case where AI was in the spotlight and break down the different kinds of AI out there. Ken brings insights on how AI is changing the legal field, how it can help advertisers get a grip on markets, and why using AI correctly is so crucial. The conversation covers the ups and downs of using AI in ads, what advertisers need to think about, and tips for navigating AI-related challenges.
Key Takeaways
[03:00] Clear disclosures are crucial when using AI in advertising to avoid misleading claims and copyright infringement.
[11:36] Validation of AI-generated content through trusted sources is essential to ensure accuracy and reliability.
[15:07] Regulating AI poses challenges, and laws may vary internationally, requiring careful consideration of legal requirements.
[21:39] Courts are encountering AI-related cases, and the use of AI in legal proceedings is a topic of discussion.
[24:01] The conversation around AI in advertising and the law is ongoing, and further exploration of its implications is necessary.
The post AI is Everywhere: What about advertising? appeared first on BBB National Programs.
For this episode of Ad Watchers, our hosts Eric Unis and Annie Ugurlayan, attorneys at the National Advertising Division (NAD), dive into the fine print to discuss disclosures – the what, when, where, and how of ensuring consumers receive the material information they need to make an informed purchasing decision.
From small fonts to fast talking and distracting music, our hosts revisit this common issue area in advertising law. Listen in for a discussion of what it takes for a disclosure to be considered clear and conspicuous and uncover lessons learned from a series of print and TV advertisements that didn’t quite meet the standard for transparency.
For more, listen to Season 1’s episode covering the 4 P’s of a proper disclosure: prominence, presentation, placement, and proximity.
Key Takeaways
- (1:30) Proper execution of disclosures in advertising is crucial to ensure that consumers notice, read, and understand them.
- (3:26) Disclosures should be clear and conspicuous, using plain English and being in close proximity to the claim or drawing attention to the disclosure. Hyperlinks should be used carefully, ensuring that important information is not hidden behind them and that they are easily noticeable and understandable.
- (04:23) Consider the specific requirements of different advertising formats, such as TV, radio, and mobile devices, when designing and placing disclosures.
- (22:06) Disclosures on packaging should be on the same panel as the claim and easily visible to consumers.
- (24:30) Font size and readability of disclosures should be prioritized, avoiding the need for magnifying glasses.
- (25:26) Use plain English in disclosures, keeping in mind that they should be easily understood by the average consumer.
The post Clear and Conspicuous Disclosures: Can You Read the Fine Print? appeared first on BBB National Programs.
For this episode of Ad Watchers, join us for Eric’s favorite ad law topic: puffery, an exaggerated, blustering, or boastful statement or general claim that could only be understood to be an expression of opinion, not a statement of fact. But where is the line between puffery and a claim that needs a reasonable basis?
Our hosts once again revisit a fan favorite and discuss the most recent puffery cases seen before the National Advertising Division, breaking down the various facets of puffery, including the use of emojis, to answer the burning question – does it require substantiation?
Eric and Annie discuss the concept of puffery in advertising law, exploring its definition, application, and recent cases. The conversation delves into the nuances of puffery, its context-specific nature, and the challenges of distinguishing puffery from objective claims. It also addresses the use of symbols, emojis, humor, and pride in advertising, providing valuable tips for navigating puffery in advertising claims.
Key Takeaways:
- (2:00) Puffery in advertising law is a nuanced and context-specific concept that requires a deep understanding of consumer expectations and the distinction between subjective and objective claims. Advertisers must assess how their target audience perceives various claims and differentiate between what is considered a mere opinion and a factual statement.
- (8:21) The use of symbols, emojis, humor, and pride in advertising can impact the interpretation of puffery claims. It may lead to challenges in distinguishing puffery from objective claims since symbols and emojis can add ambiguity, humor can blur the lines between exaggeration and deception, and pride-based claims can appear subjective but sometimes imply objective standards.
- (9:40) When navigating puffery in advertising claims, it is important to fully brief the issues, keep claims general, and tread carefully with humor to avoid denigrating messages. Ensure all team members are aware of the legal nuances, use generalized statements to reduce the likelihood of factual interpretations, and employ humor cautiously to prevent misinterpretation or offense.
- (12:57) Understanding recent puffery cases and their outcomes provides valuable insights into the application of puffery in advertising law and the challenges faced by advertisers in defending their claims. Analyzing court decisions helps predict how similar claims might be judged, illustrates the evolving standards and expectations in advertising law, and aids in crafting defensible advertising strategies.
More episodes on puffery:
It’s Not Puffery. Do You Have The Evidence To Be #1?
Best Podcast Episode Ever: What is Puffery?
The post The Best Subject In Advertising Law: Is It Puffery? appeared first on BBB National Programs.
In this episode
In this episode of Ad Watchers, the hosts discuss the topic of consumer reviews and the actions taken by the National Advertising Division (NAD) to ensure their accuracy. They highlight several recent NAD cases related to consumer reviews, including challenges to claims made by Proz hair care products, MyPatriot Supply, Goose Creek candles, and Dr. Squatch. The hosts also provide tips for advertisers on collecting and using reviews, such as ensuring reviews are representative, disclosing incentives, and not inflating star ratings.
Key Takeaways
- (00:30) Consumer reviews have become an important part of the purchasing process. In the digital age, consumers heavily rely on reviews to inform their buying decisions. The feedback provided by other consumers offers valuable insights into product quality and performance.
- (6:45) NAD has been actively involved in reviewing claims related to consumer reviews. The National Advertising Division (NAD) diligently scrutinizes advertisements that make assertions based on consumer reviews. NAD takes decisive action against advertisers found guilty of disseminating deceptive or misleading claims.
- (9:10) Advertisers should not take actions that distort or misrepresent consumer opinions. Distorting or misrepresenting consumer opinions, even if disguised as endorsements, erodes trust and damages brand reputation. Upholding integrity in representing consumer sentiments is paramount for fostering long-term relationships and brand loyalty.
- (18: 58) Advertisers should be mindful of how reviews are collected and counted. Advertisers must ensure that the methodology used for collecting and tallying reviews is transparent and unbiased. It’s crucial for reviews to accurately reflect the sentiments of the target demographic to maintain credibility
- (19:34) Incentives for reviews should be disclosed, and star ratings should be representative. Transparency regarding incentives for reviews is essential to maintain trust and credibility with consumers. Star ratings should accurately mirror the overall sentiment of all reviews, providing an unbiased assessment of product performance.
In this episode of Ad Watchers, hosts Eric Unis and Annie Ugurlayan, attorneys at the National Advertising Division (NAD), revisit the Federal Trade Commission’s (FTC) Endorsement Guides. Given the recent updates to the Guides, the Ad Watchers have refreshed the tips and best practices from Season One for ensuring ad law compliance when using influencers, endorsements, and testimonials in your advertising campaigns.
This episode presents recent cases before the National Advertising Division (NAD) demonstrating the issues outlined in the FTC’s Endorsement Guides and for each case, outlines the best practices you should follow to stay off the radar of the FTC and NAD.
Some Key Takeaways from today’s episode:
- (1:28) Endorsements and Testimonials Integrity: Endorsements and testimonials are essential elements of advertising but must authentically represent the genuine opinions of the endorser. Any material connections between the endorser and the advertiser must be transparently disclosed, ensuring honesty and integrity in consumer communication.
- (7:51) Combating Fake Reviews and Influencer Misuse: Addressing the prevalence of fake reviews and the misuse of influencers, including animal influencers, is crucial in maintaining the credibility and trustworthiness of advertising channels. Regulators and industry stakeholders must collaborate to establish stringent measures to mitigate these issues and uphold the integrity of consumer information.
- (14:11) Transparency in Review Sites: Review sites play a significant role in consumer decision-making, and it’s essential that they transparently disclose whether rankings and reviews are advertisements or independent assessments. Such transparency empowers consumers to make informed choices while safeguarding against misleading advertising practices.
- (19:00) Clear and Conspicuous Disclosures: Transparency is key in consumer communication, necessitating clear and conspicuous disclosures visible across all devices. These disclosures should be positioned in the same location and format as the endorsement, ensuring consumers readily recognize affiliations between the endorser and the advertiser.
For more information, visit: NAD FAQs
Contact Information: programs@bbbnp.org
In this episode of Ad Watchers, your hosts discuss a critical link in the chain of advertising industry self regulation: the National Advertising Review Board, or NARB, the appellate body for National Advertising Division cases. This episode welcomes NARB Chair and Vice-Chair, Ken Plevan and Heather Hippsley, as well as NARB Manager, Saveeta Dhanai, to … Continue reading What is the Appeal of an Appeal? Getting to Know NARB →
In this episode of Ad Watchers, hosts Dan and Annie take you behind the scenes of the U.S. system of self-regulation in the advertising industry and discuss some of the myths, the misconceptions, and misunderstandings advertisers have. This episode presents the Top Ten things the National Advertising Division (NAD) wants to make sure you know … Continue reading The NAD Top 10 — Did you know? →
The Data Privacy Framework (DPF) Program is now in effect, replacing the Privacy Shield Program as the mechanism to allow the safe, seamless transfer of personal data from the EU to the U.S in compliance with EU law. In this special edition episode of Privacy Abbreviated, host Dona Fraser is joined by IAPP’s Cobun Zweifel-Keegan … Continue reading Data Privacy Framework (DPF) is Here – Now What? →
In 1974, NAD’s sister program, the Children’s Advertising Review Unit, or CARU, was established to monitor an area of national advertising not covered by NAD: the unique children’s marketplace. CARU’s role? To protect children under 13 from advertising that is misleading, inappropriate, or inconsistent with laws and guidelines. In this episode of Ad Watchers, hosts … Continue reading A Different Playing Field. How is Advertising to Kids Different? →
Discover the intricacies of supporting #1 claims in advertising and gain insights for effective marketing strategies on this episode of Ad Watchers.
Consumers want to make responsible purchases when they can and, when it comes to helping the environment, that means selecting products that claim to do just that. But can advertisers back up what they claim? And what do advertisers need to think about to do so? Once again the Ad Watchers team tackles green marketing and environmental benefit claims, this time on the heels of the comment window for an update to the Federal Trade Commission’s Green Guides.
In this episode of Ad Watchers, hosts Dan and Annie are joined by an Ad Watchers veteran, La Toya Sutton, now with The Clorox Company, ahead of Earth Day to discuss what’s new in green claims and the in-house perspective on addressing brand claims before they hit the shelves.
For more information about this episode, read the show notes here.
Now more than ever consumers are paying attention to their health and wellness. Research indicates that consumers see health and wellness as ‘essential-spend categories.’ Not surprisingly, many brands see this as an opportunity to advertise a new product or service that will help a consumer achieve better health. But consumers aren’t the only ones paying attention. The Federal Trade Commission (FTC) is paying attention to the health-related claims brands are making, including the substantiation the advertiser has to back up those health claims.
In this episode of Ad Watchers, hosts Dan and Annie break down the FTC’s new Health Products Compliance Guidance, which outlines how to ensure that claims about benefits and safety of health-related products are truthful, not misleading, and supported by science.
For more information about this episode, read the show notes here.
As the expectation for representation has continued to rise, advertisers are turning to Diversity, Equity, Inclusion, and Belonging (DEIB) efforts to ensure everyone feels seen. NAD recognizes the significance of authenticity in these diverse depictions and will be enforcing new standards to hold companies accountable when they endorse harmful stereotypes in their advertisements.
Hosts Eric and Annie are joined by Ingrid Otero Smart to discuss the secret to avoiding typecasts and tokenism when depicting diverse cultures. Listen now to understand the key components of a truly inclusive DEI campaign.
For more information about this episode, read the show notes here.
Think about the times you felt tricked or frustrated by a membership or subscription that had a seamless signup process but was later difficult to cancel. Something that should be simple and transparent can be complicated, intentionally or unintentionally, in ways that impair consumer choice. These are examples of dark patterns. Unfortunately, dark patterns are becoming increasingly common as companies look for ways to boost profits. While some may seem harmless, others can have serious consequences for users.
Where is the line between ethical, persuasive design and dark patterns? In this episode of Ad Watchers, hosts Eric and Annie are joined by guest Deputy Director of the National Advertising Division, Katherine Armstrong to answer that question. Together, these three explore dark patterns and the FTC’s recent report on the topic, provide some real examples from NAD cases, and deliver commentary on the FTC’s response to the proliferation of these dark patterns. Listen now to understand the most common dark pattern tactics and how you can avoid them while still producing compelling, persuasive advertising.
For more information about this episode, read the show notes here.
For years, the direct selling industry carried a stigma of frauds and pyramid schemes, but in 2019, the Direct Selling Association decided to take control of its reputation. They enlisted the help of BBB National Programs to develop a self-regulatory program. From this partnership came the Direct Selling Self-Regulatory Council (DSSRC).
In this episode of Ad Watchers, hosts Eric and Annie are joined by the Vice President of the DSSRC, Peter Marinello. Peter shares with listeners how the DSSRC has worked to support the direct selling industry. Listen now to understand self-regulation’s impact on the market and what to expect during a direct selling self-regulatory case.
For more information about this episode, read the show notes here.
When you hear a claim in an advertisement like, “best in the world,” you probably know that the product has not been measurably proven to actually be the best in the world. And that’s okay, because this is an example of puffery, an exaggerated, blustering, or boastful statement or general claim that could only be understood to be an expression of opinion, not a statement of fact. But where is the line between puffery and a claim that needs a reasonable basis?
In this episode of Ad Watchers, hosts Eric Unis and Annie Ugurlayan revisit a fan favorite episode from season one. Listen to hear Hal Hodes and La Toya Sutton break down the questions they ask to determine whether or not a statement is puffery. Later in the episode, they are joined by none other than current host Eric to judge the Battle Royale of Puffery: each host presents cases that illustrate various types of this practice. Tune in to hear which of our hosts has the best examples of puffery in the universe!
For more information about this episode, read the show notes here.
Understanding how to present scientific evidence in a substantiation case can be difficult, especially when the data is complex or no industry standard exists.
In this episode of Ad Watchers, the hosts discuss a complex topic: how should marketers put scientific data to use? They answer this question by diving into different types of scientific evidence and which types of claims they support most effectively. For instance, they provide insight into when to bring forward an expert witness and the supplementary evidence needed to support their opinion. Statistician Tom Rosholt also joins them to share an analyst’s approach to presenting unbiased and reliable data. Listen now to learn what to expect when presenting a case at NAD.
For more information about this episode, read the show notes here.
The cosmetics industry is booming and it is easy to see why: most people want to look younger, reduce the appearance of wrinkles, and feel like they are taking care of their skin. But just like claims for dietary supplements, beauty product claims must be truthful, not misleading, and require substantiation. In this episode of the Ad Watchers, hosts break down the most common pitfalls they see in cosmetics advertising and how to avoid them.
For more information about this episode, read the show notes here.
Consumer perception surveys are notoriously difficult to get right – from what you ask, to who you ask, to how you ask it, there is a lot of room for things to go wrong.
In this episode of Ad Watchers, hosts provide an overview of some of the biggest points to consider when creating consumer perception surveys, such as whether it has an appropriate universe and a representative sample, how to determine if you have a well-designed questionnaire, and how to use these surveys effectively at NAD. Hosts were also joined by Joel Steckel, marketing professor and the vice dean for doctoral education at NYU’s Stern School of Business, who spoke about his philosophy on survey design, the importance of how respondents interpret questions, and the most common mistakes companies make when it comes to designing surveys.
For more information about this episode, read the show notes here.
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As consumers are increasingly focused on the impact of their purchasing decisions, companies are looking to convey information on the environmental attributes of their products, services, and sustainability performance.
In the season two premiere of Ad Watchers, La Toya Sutton and her new co-host, Eric Unis, walk listeners through environmental benefit claims, or “green claims,” to help advertisers and practitioners think about the questions they should ask when advertising in this arena. Listen in to hear the four critical questions that companies should ask themselves when developing advertising that incorporates any type of environmental marketing claims.
For more information about this episode, read the show notes here.
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Any sort of advertising claims related to health or wellness have a special place within advertising claims substantiation: all advertising claims need a reasonable basis, but when it comes to health claims, that reasonable basis has to be competent and reliable scientific evidence, or CARSE. This means that the results of any study done should reflect how the product will work in practice. Tune in to the final episode of Ad Watchers Season One to hear hosts Hal Hodes and La Toya Sutton break down what this evidence should really look like in practice.
For more information about this episode, read the show notes here.
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In the increasingly digital landscape, the influence of word-of-mouth has gone viral. Before making a purchase, consumers frequently turn to a product or service’s reviews and ratings. Since consumers trust what other consumers have to say, brands want to leverage these voices—but are they responsible for them? In this episode, Hal and La Toya explore endorsements and testimonials, as well as the broader category of the implementation of user-generated content in advertising. Listen in to learn about the lines between user-generated content versus testimonials versus endorsements.
For more information about this episode, read the show notes here.