Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

NAD Revives “Review Hijacking” Concept Dropped from FTC Rulemaking

When the FTC proposed its consumer reviews and testimonials rule in 2023 (discussed here ), it included a provision targeting so-called “review hijacking” — the practice of reusing reviews written for one product to…

NAD Addresses “List” Prices and “Limited Time” Offers

In recent years, there has been an increase in class action lawsuits alleging that companies are using artificially inflated “list” or “strikethrough” prices to mislead consumers into thinking they are getting a better…

NAD Finds that Cookware Claims Don’t Stick

Caraway Home sells nonstick cookware that is made with a non-toxic ceramic coating and without “forever chemicals” (i.e., per- and polyfluoroalkyl substances (PFAS)). The company advertised that “most traditional…

NAD Considers Material Connection Disclosures on LinkedIn

Agendia made two posts on LinkedIn that linked to articles in which Dr. Nathalie Johnson touts Agendia’s genomic test to evaluate early-stage breast cancer over Genomic Health’s competing test. Genomic Health filed an…

NAD Decision Leaves Unanswered Questions about Content Creator Disclosures

P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn…