Ad Law Access
Best Guesses for “Best” Claims
If you want to advertise that something is the “best,” do you need substantiation? Or can you rely on a puffery argument? Although the answer depends on context, one paragraph in a recent NAD decision seems to conflict…
NARB Recommends Better Distinction Between Current Achievements and Future Goals
Last year, we wrote about a challenge that NAD had initiated against various green claims made by the American Beverage Association (or “ABA”). NAD found that several of ABA’s claims – including claims that “our…
NAD Explores When Companies can be Responsible for Third-Party Reviews
If a third-party writes a good review of your product – or, even better, rates it as one of the best – can you link to that review? A new NAD decisions suggests that the answer may not be as easy as people think. …
NAD Finds Dark Patterns in a Rewards Program
For $9.99 per month, Pier 1 offers Pier 1 Rewards, a loyalty program that includes benefits such as a 10% discount on all purchases and free shipping and returns on eligible items. Until recently, when a consumer added…
NAD’s Molson Coors Decision: The Watering Down of the Objective Claim Standard
Last week, NAD released a decision in a case involving a Molson Coors ad that has received more press attention than any NAD decision in recent memory. In the ad, athletes are celebrating the completion of a difficult…