Category Archives: NAD/NARB/CARU/ERSP

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FTC Appears to Expand AI Regulatory Role into Copyright Matters

By Nolan Goldberg and Michelle M. Ovanesian on November 20, 2023 Posted in Events and Announcements, NAD/NARB/CARU/ERSP

In a recent public comment addressed to the United States Copyright Office, the Federal Trade Commission seemingly expanded upon remarks made at the National Advertising Division back in September that it will aggressively and proactively challenge alleged unfair practices involving artificial intelligence, even if that means stretching the meaning of “unfair” to increase its jurisdiction … Continue Reading

Proskauer Panel on Environmental Advertising Claims at ANA

By Jeff Warshafsky, Nicole Sockett and Jennifer Yang on September 9, 2022 Posted in Events and Announcements, NAD/NARB/CARU/ERSP

Please join us on Tuesday, September 13, for a Proskauer panel at ANA covering the latest legal developments related to environmental advertising claims. Our panelists, Jeff Warshafsky, Jennifer Yang, and Nicole Sockett, will discuss carbon offsets and lifecycle assessments, recyclability and recycled content claims, general environmental benefit claims, and other key takeaways from the FTC … Continue Reading

Key 2021 Decisions from the NAD and NARB

By Baldassare Vinti, Jeff Warshafsky, Jennifer Yang and Anisha Shenai-Khatkhate on February 9, 2022 Posted in Announcements, NAD/NARB/CARU/ERSP

With more than 80 closed cases, 2021 was another unprecedented year at the National Advertising Division and National Advertising Review Board. Proskauer’s False Advertising Group closely tracks these decisions from the advertising industry’s self-regulation system to stay apprised of the latest developments and trends, and has compiled a guide providing case summaries, with our insights … Continue Reading

On Notice: Misattributed, False, or Mischaracterized Endorsements

By Baldassare Vinti, Jeff Warshafsky, Anisha Shenai-Khatkhate and Alyson Tocicki on November 16, 2021 Posted in Announcements, Deceptive Trade Practices, FTC, NAD/NARB/CARU/ERSP, Regulatory

Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the issues of falsely attributed, mischaracterized, and fabricated endorsements – practices that the FTC highlighted in its Notice as unfair or deceptive. In particular, the FTC stated that: It is an unfair or deceptive trade practice to make claims which … Continue Reading

Key 2020 Decisions from the NAD and NARB

By Lawrence Weinstein, Baldassare Vinti, Jeff Warshafsky, Jennifer Yang and Anisha Shenai-Khatkhate on January 29, 2021 Posted in Announcements, NAD/NARB/CARU/ERSP

With more than 100 closed cases, 2020 was another busy year at the National Advertising Division and National Advertising Review Board. Proskauer’s False Advertising Group closely tracks these decisions from the advertising industry’s self-regulation system to stay apprised of the latest developments and trends, and has compiled a guide providing case summaries, with our insights … Continue Reading

2020 Advertising Law Year in Review

By Lawrence Weinstein, Baldassare Vinti, Jeff Warshafsky, Jennifer Yang and Anisha Shenai-Khatkhate on January 12, 2021 Posted in Class Actions, Deceptive Trade Practices, Labeling Claims, Lanham Act, NAD/NARB/CARU/ERSP, Regulatory

While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every individual in one way or another. In our role, we are often in a position of … Continue Reading

As Challenges to Recycling Claims Rise, Use Caution When Giving the “Green” Light

By Lawrence Weinstein, Jeff Warshafsky and Anisha Shenai-Khatkhate on December 3, 2020 Posted in Class Actions, Deceptive Trade Practices, Labeling Claims, NAD/NARB/CARU/ERSP, Regulatory

NPR and PBS recently released an attention-grabbing investigation titled “How Big Oil Misled The Public Into Believing Plastic Would Be Recycled.” According to the investigation, beginning in the late 1980s, “big oil” began a $50 million-a-year ad campaign promoting the benefits of plastic, while simultaneously informing the public that plastic is recyclable. In fact, according … Continue Reading

FTC Statistics Confirm Risks to Advertisers of Refusing to Participate in NAD Proceedings

By Lawrence Weinstein on March 21, 2019 Posted in NAD/NARB/CARU/ERSP, Regulatory

No advertiser likes challenges to its advertising, whether by private litigants, state or federal governmental agencies, or in voluntary self-regulatory NAD proceedings. But for companies whose advertising is challenged at NAD, there are good reasons to participate and to abide, like it or not, by NAD’s recommendations or those of NARB, the appellate arm of … Continue Reading

A Wrinkle in Time: Anti-Aging Advertising Claims Unsubstantiated by Testing Methods

By Lawrence Weinstein, Jeff Warshafsky and Russell Kostelak on September 6, 2016 Posted in NAD/NARB/CARU/ERSP

The National Advertising Division (NAD)’s annual conference is taking place later this month, so we are taking the opportunity to highlight some recent NAD decisions of interest. This post addresses Intraceuticals LLC (Atoxelene Skin Care Products), NAD Case No. 5953 (May 2016). As part of its ongoing monitoring program, NAD reviewed Intraceuticals’ advertising claims that … Continue Reading

Follow Instructions For Use Carefully: NARB Affirms Clorox Advertisement Is Unsubstantiated

By Alexander Kaplan and Tiffany Woo on December 8, 2015 Posted in NAD/NARB/CARU/ERSP

A recent National Advertising Review Board (“NARB”) decision reminds advertisers to adhere to a fundamental principle of product testing: competing products should be tested in accordance with their usage instructions to substantiate comparative claims. The September 8, 2015 decision involved a Clorox advertisement showing side-by-side white t-shirts with large spaghetti stains. One shirt was treated … Continue Reading

Can You Hear Me Now? NAD Finds Scientific Evidence Insufficient to Support Dietary Supplement’s Claims of Ear Discomfort Relief

By Lawrence Weinstein, Jennifer Yang and Evelyn Pang on December 3, 2015 Posted in NAD/NARB/CARU/ERSP

Clarion Brands, LLC recently received an earful from the National Advertising Division (“NAD”) about its marketing of the dietary supplement Lipo-Flavonoid Plus. Clarion had been marketing Lipo-Flavonoid Plus with advertising that the NAD found reasonably conveys the message that the supplement substantially reduces or eliminates tinnitus and the symptoms of Ménière’s disease—conditions that affect an … Continue Reading

Cereal Killer: NAD Un-Sweetens Some of MOM’s Breakfast Cereal Claims

By Lawrence Weinstein and Benjamin Rattner on March 17, 2015 Posted in NAD/NARB/CARU/ERSP

A recent National Advertising Division (“NAD”) decision serves as a reminder that comparative taste preference claims can quickly sour without methodologically sound substantiation. Taste-testers (and advertisers) should take heed. In Mom Brands Co., breakfast cereal maker Post brought an NAD challenge against two categories of claims Malt-O-Meal Brand Cereals Co. (“MOM”) made comparing Post cereals to … Continue Reading

NARB Panel Lashes Back Against NAD Finding of Literal Falsity In Mascara Advertisement

By Joelle Milov and Victoria Loughery on March 20, 2014 Posted in NAD/NARB/CARU/ERSP

In a recent decision, the NARB found that an advertisement for L’Oreal mascara featuring a photograph of a model wearing lash inserts would not be literally false if the advertiser clearly and conspicuously disclosed that lash inserts were used on the model. The NARB decision departs from the NAD decision, where NAD had found that a disclosure … Continue Reading

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