National Advertising Division
NAD 2024: Charting the Global Future of Ad Law
September 16-17, 2024 in New York City
Program Impact
Policies & Procedures
NAD/NARB Procedures and FTC Resolution of Referrals. Read the Policies & ProceduresNAD Challenges
The NAD Challenge process brings value to business by leveling the playing field and enhancing consumer trust in the marketplace.
Fast-Track SWIFT
Single-issue advertising cases with decisions in 20 business days.Standard Track
Open to a variety of case types with decisions 20 business days following the final meeting.Complex Track
Cases requiring complex substantiation with decisions 30 business days following the final meeting.
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.
NAD Annual Reports:
The NAD Annual Report includes a year in review, exclusive insight on ad law case trends, a wrap-up of each year’s annual conference, and an extensive summary of the year’s casework.
Recent Decisions
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.
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.
Following National Advertising Division Challenge Aroeve Voluntarily Discontinues Certain Claims for HEPA Air Purifiers
New York, NY – May 15, 2024 – Following a National Advertising Division challenge brought by competitor Vesync Corporation, Antadi LLC d/b/a Aroeve Direct voluntarily discontinued certain claims for its HEPA air purifiers.
National Advertising Division Recommends Amyris Clean Beauty Modify “Clinically-Proven” Claim for Biossance Squalane & Maine Algae Eye Cream
New York, NY – May 9, 2024 – The National Advertising Division recommended Amyris Clean Beauty modify its “Clinically-proven” claim to reflect that the “quick” and “visible” results relate only to hydration and “the appearance of fine lines.”
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. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.
Upcoming Events
Practicing Law Institute Hot Topics in Advertising Law
9th Anti-Ageing Skin Care Conference
ACI-CRN Dietary Supplements Conference
Happi & Nutraceuticals World Wellness Conference & Tabletop Exhibition
Policies & Procedures
Any company, consumer, or non-governmental organization, including trade associations and non-profit organizations, can file a challenge with NAD. We handle about 150 cases each year and our decisions represent the single largest body of advertising decisions in the United States. The NAD | NARB Policies and Procedures describe the details and parameters of NAD's challenge review process. When an advertiser declines to participate in the NAD process or decides not to comply with NAD’s decision, NAD will refer the matter to the Federal Trade Commission (FTC). The FTC will review the matter for possible enforcement action.
Contact Us