July 6, 2006
Kelley Drye, led by the team of Lewis Rose and Christie Grymes Thompson successfully challenged Yahoo! Personals on behalf of online dating competitor match.com before the National Advertising Division (NAD). The team argued that the Internet advertising claims made Yahoo! Personals “Find better first dates, more second dates,” and “At Yahoo! Personals, finding great people to date is easier” are neither puffery nor substantiated. The NAD agreed, determining that the claim “Find better first dates, more second dates,” is expressively comparative, unsupported by the record, and outside the realm of puffery. Correspondingly, the NAD concluded that the claim, “At Yahoo! Personals, finding great people to date is easier,” is an objectively provable claim that is unsupported by the record and is not puffery. Adhering to the NAD’s recommendation, Yahoo! Personals has since discontinued both Internet advertising claims.