Trust the Process? The Challenger’s Perspective to Policing Competitors’ Advertising Claims

The options for challenging competitors’ advertising claims are well-known: Lanham Act litigation, complaints to Federal or State regulators, and NAD challenges. But with litigation costs limiting Lanham Act challenges to the most critical issues and government action infrequent on purely competitive matters, self-regulation is often the best bet. Yet in 2018, challengers at NAD have been increasingly frustrated by advertisers’ refusal to participate in the process or comply with decisions - and more cases are being appealed to NARB now than ever before. Why should challengers trust the process? Join partner John Villafranco and other panel members as they discuss trends at NAD, the impact of recent changes to ASRC procedures and proposals for continued improvement, and the advertiser’s responsibility when it comes to building trust in industry self-regulation.