Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: National Advertising Review Board

Key 2021 Decisions from the NAD and NARB

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

Key 2020 Decisions from the NAD and NARB

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

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

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

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

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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