Ad Law Access

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

FTC Settles with Company Over Failure to Post Negative Reviews

Companies often ask us whether they can highlight positive reviews without mentioning negative ones. The good news is that there are ways to do that, but when the conversation veers from highlighting positive reviews…

NAD Frowns on Byte’s Incentivized Reviews

As advertisers wait to see what the FTC will do after sending 700 warning letters related to influencers and incentivized reviews, the NAD has been resolving disputes on similar issues. Yesterday, NAD announced a new…

FTC Blankets Companies With Warning Letters Over Endorsements and Reviews

As we have noted in earlier posts, in the wake of the Supreme Court’s holding that Section 13(b) of the FTC Act does not allow for monetary restitution, the Federal Trade Commission has been attempting to creatively…

NAD Addresses Math Problems in Counting Reviews (Again)

Earlier this year, Prose – a company that makes customized haircare products – brought an NAD challenge against Function – a competitor in the same business – over Function’s claims that it had over 110,000 5-star…

NAD Addresses Math Problems in Counting Reviews

Function claimed that it had “over 110,000 5-star product reviews” for its hair care products, the majority of which come from its “shampoo and conditioner” category. A competitor filed an NAD challenge pointing out…