---
title: "NAD Decision Considers #1 Claims"
date: 2024-08-30T00:00:00-04:00
author: "mhenry@kelleydrye.com"
canonical_url: "https://www.kelleydrye.com/viewpoints/podcasts/ad-law-access/nad-decision-considers-1-claims"
section: Podcast Episodes
---
# NAD Decision Considers #1 Claims

  August 30, 2024

 

 

 

 

 

 

 [Kelley Drye Ad Law Access Podcast](https://soundcloud.com/adlawaccess "Kelley Drye Ad Law Access Podcast") · [NAD Decision Considers #1 Claims](https://soundcloud.com/adlawaccess/nad-decision-considers-1 "NAD Decision Considers #1 Claims")

 [Apple](https://podcasts.apple.com/us/podcast/nad-decision-considers-1-claims/id1457734764?i=1000667157248) [SoundCloud](https://soundcloud.com/adlawaccess/nad-decision-considers-1?si=9977b887452a44f3817a9e5bcc2d6497&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing) [Spotify](https://open.spotify.com/episode/7AJ2faKejuMIdwxztc3Wwa?si=XXcfWk3rRFqPXF1aSMwmig) 

 

LegalZoom makes various [\#1](https://soundcloud.com/tags/1) claims, including that it is the “#1 choice for online small business formation,” that it is “#1 rated by small businesses,” and that is ​“voted [\#1](https://soundcloud.com/tags/1) by small businesses.” ZenBusiness challenged these claims in the same case we wrote about yesterday. In some industries, companies can look to empirical third-party data (such as sales data) to support these types of claims. When that doesn’t exist, companies are left to find their own support. NAD’s decision show how tricky that can be.

[www.kelleydrye.com/viewpoints/blog…siders-1-claims](https://gate.sc/?url=https%3A%2F%2Fwww.kelleydrye.com%2Fviewpoints%2Fblogs%2Fad-law-access%2Fnad-decision-considers-1-claims&token=12a1a4-1-1725565820593 "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-considers-1-claims")

 

 

 - Share this entry 
    - 
    - 
    - 
    -
- [  View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/nad-decision-considers-1-claims-20240905155145.pdf)
 
 

### Related Services

- [Advertising and Marketing](https://www.kelleydrye.com/practices/advertising-and-marketing)