Ad Law Access
NAD Holds that a Trademark Can be a Claim
In a decision issued last week, the NAD held that even trademarked phrases are subject to advertising laws. A company that makes dishwasher products was asked to substantiate the phrase “Outshines the Competition.” The…
No Crash Later, Unless You Mischaracterize an NAD Decision
According to the New York Times, the NAD has decided to reopen its review of Living Essentials’ claim that its 5-Hour Energy “shot” produces “no crash later.” In 2007, the NAD reviewed 5-Hour Energy’s claims, found…
NAD Recommends an Advertiser Modify its Green Claims
Last month, the FTC issued a revised version of their Green Guides and a warning that they would closely scrutinize environmental claims. If you think the odds that the FTC will find your claims is low, you should…
New York AG Issues Best Practices for Cause Marketing
It's Breast Cancer Awareness Month, so pink adorns store shelves, NFL players and coaches, and even the White House (for a night). To help support awareness, marketers often sell specially-marked products and donate a…
Insurance Coverage for Lanham Act False Advertising Claims
A recent article, “ Insurance Coverage for False Advertising Claims,” which was published in the March 2012 issue of Insurance Coverage Law Bulletin, discusses some of the caselaw holding that insurance companies are…