Advertising Self-Regulation

 

Promoting truthful, transparent, responsible advertising through self-regulation, monitoring, and enforcement

 

Businesses that advertise and market their products and services need to commit to truthful and responsible advertising, allowing consumers to make informed choices and companies to build and nurture valuable consumer relationships.

 

To learn more about our work—and to join in the effort—please check out the programs, initiatives, and resources below. 

 

 

 

 

 

 

 

 

50 Years of Advancing Responsible Child-Directed Marketing & Privacy

 

For the last 50 years, companies marketing to children have held each other to a higher standard. In 1974, the Children’s Advertising Review Unit (CARU) was established as the U.S. mechanism of independent self-regulation for protecting children under age 13 from deceptive or inappropriate advertising.  

 

 

 

 

NAD 2024: Charting the Global Future of Ad Law

September 16-17, 2024 in New York City

 

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Advertising Guidance

 

Since the creation of the National Advertising Division (NAD) in 1971, the advertising industry has supported high standards for truth and transparency through a comprehensive system of independent industry self-regulation programs.

 

Those programs enforce high standards of truth and accuracy in national advertising and ensure that advertising to children is not misleading or inappropriate. Beyond formal guidance, each of our case decisions contain real-world guidance on important advertising issues that attorneys can leverage for their clients and marketing professionals can follow to avoid advertising substantiation problems. Access summaries of all decisions in our Case Decision Summary library. Subscribe to the Online Archive for the full text of all decisions.

 

As the advertising landscape continues to evolve, we adapt our programs to the challenges posed by new products, new industries, and new advertising technology.

 

 

Truth in Advertising 101

 

Our educational resource library of tips, videos, and guidance shares advertising law basics, including defining common terms like ‘puffery,’ and how to draw the line between truthful and misleading advertising.

 

 


 

Endorsements & Testimonials

What is the proper way to use endorsements and testimonials in advertising, while staying truthful and out of the crosshairs of NAD and the FTC?

 

 


 
Puffery

Why don’t exaggerated or boasting claims made in advertising, known as puffery, require a reasonable basis of evidence?

 

 


 

Express and Implied Claims

What is the difference between an express or implied claim and does an advertiser need to have evidence to support both?

 

 

 

 

 

 

 

 

 

 

Process

 

Our advertising programs uphold standards for truthful and responsible advertising and responsible targeted advertising data collection practices through:

 

  • independent monitoring;

 

  • competitor challenges; and

 

  • corporate commitments to voluntary standards.

 

 

Though competitor advertising challenges, business can play a significant role in building trust with consumers and supporting fair competition in the marketplace.

 

 

 

 

 

Reports

The expansion of industry self-regulation programs across industries, most recently with the direct selling and dietary supplement industries, demonstrates how this voluntary system can be a proactive solution to emerging industry challenges. 

 

 

 

 

 

Recent Case Decisions

Decision

National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

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Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary

 

BBB National Programs provides summaries of all case decisions in the Case Decision Summary library. For the full text of National Advertising Division, National Advertising Review Board, and Children’s Advertising Review Unit decisions, subscribe to the Online Archive. Other case decisions are available publicly: Direct Selling Self-Regulatory Council and Digital Advertising Accountability Program. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org

 

 

Filtered Case Feeds

 

 

 

Online Archive

 

Gain access to all BBB National Programs full legal decisions in the Online Archive, a unique and valuable resource that provides years of insightful guidance and in-depth knowledge on important advertising issues. Learn more about the Online Archive.

 

The full text of some case decisions are available publicly: Direct Selling Self-Regulatory Council and Digital Advertising Accountability Program. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.

 

 

 

Latest Announcements

Press Release

BBB National Programs Announces 98 Distinguished Panel Pool Members for 2024 National Advertising Review Board

McLean, VA – January 9, 2024 – BBB National Programs today announced the 98 panel pool members of the 2024 National Advertising Review Board (NARB), the appellate body for the U.S. advertising industry’s system of self-regulation. 

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Press Release

BBB National Programs Unveils New Guardrails for Child-Directed Advertising & Privacy in the Metaverse

McLean, VA – October 3, 2023 – BBB National Programs’ Children’s Advertising Review Unit (CARU) today released new Guardrails for Child-Directed Advertising and Privacy in the Metaverse, a set of realistic, actionable recommendations and best practices intended to help companies develop metaverse experiences directed to children,...

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Press Release

BBB National Programs Announces 91 Distinguished Panel Pool Members for 2023 National Advertising Review Board

McLean, VA – January 10, 2023 – BBB National Programs today announced the 91 panel pool members of the 2023 National Advertising Review Board, the appellate body for the U.S. advertising industry’s system of self-regulation, selected for their stature and experience in their fields.

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Press Release

Walmart Joins BBB National Programs’ CARU COPPA Safe Harbor Program for Roblox Product

McLean, VA – December 12, 2022 – Walmart joins BBB National Programs’ Children’s Advertising Review Unit (CARU) COPPA Safe Harbor Program to ensure that its new immersive Roblox experience complies with the stringent requirements of the Children’s Online Privacy Protection Act (COPPA) and CARU’s Self-Regulatory Guidelines.

Read the Press Release

 

 

 

Resources

Breaking Down Greenwashing in Advertising

 

The 4A’s resource, Greenwashing and Advertising: What Your Agency Needs to Know When Making Environmental Claims provides an outline of the rules around making environmental advertising claims and how the National Advertising Division (NAD) and others are helping to regulate them. In the past decade, NAD cases involving environmental claims in advertising have been on the rise. NAD vice president Laura Brett said “Once you see something become a priority for consumers, the response of course is for the industry to offer products that meet that demand, and I think that is why we have seen an increase in challenges to environmental claims, a high-profile issue that a lot of consumers are concerned about.”

 

 

 

Events

Advanced Summit on Food Law Regulation, Compliance and Litigation

Laura Brett, Vice President, National Advertising Division, BBB National Programs will join a panel on Food Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Co ...
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May 01, 2024 Chicago, IL

Hot Topics: Advertising Today for What You Do Tomorrow

During this invite-only event with Haynes Boone, panel members will address aspirational claims, environmental and green promises, claims based on emerging tech, and more in the context of advertising ...
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May 08, 2024 Denver, Colorado

Hot Topics in Advertising: Enforcement in Beauty & Fashion

Join BBB National Programs and Crowell & Morning to learn best practices for how to efficiently navigate the regulations that impact how companies advertise and manufacture beauty and fashion prod ...
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May 15, 2024 New York, New York

Korea Cosmetics Association' Cosmetics Advertising in the U.S. Webinar

Annie Ugurlayan, Assistant Director, National Advertising Division, BBB National Programs will participate in this webinar
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May 15, 2024 Virtual