Category Archives: Ad Watchers

Welcome to The Ad Watchers! Join National Advertising Division attorneys on this podcast as they explore advertising claims and what it means to put them to the truthfulness test.

Time for a Health Claims Checkup?

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Health-related advertising claims are held to a higher standard of proof than other claims. For health-related claims, a “reasonable basis” requires advertisers to provide competent and reliable scientific evidence (CARSE). In this episode, your hosts Annie and Eric dig into the weeds of National Advertising Division cases on GLP-1, claims that certain foods could “boost brain health,” performance claims like “live longer” and “jump higher,” and other drug and dietary supplement claims, including those targeted to creating a “calm mood” in children.

Key Takeaways

00:00 Introduction to the National Advertising Division
00:56 Health Claims Overview
02:22 Regulatory Guidance on Health Claims
05:17 Competitor Challenges in Health Claims
08:38 Nutritional Claims and Evidence
11:31 Dietary Supplements and Drug Claims
14:24 Case Studies on Dietary Supplements
15:46 Advertising to Different Audiences
19:07 Claims in Sports Performance Products
22:26 Pain Relief Products and Evidence
23:51 Oral Care Products and Claims
28:36 Final Tips and Conclusion

Expanding Knowledge of Soft Law – What is CISR?

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The U.S. advertising industry founded the National Advertising Division (NAD) to build consumer trust in advertising and support fair competition in the marketplace. Through this soft law model, responsible brands voluntarily discontinue or modify challenged misleading ad claims. In this era of deregulation, industry leaders can learn from the advertising industry and keep moving forward even if government does not. 

In this episode of Ad Watchers, hosts Annie and Eric talk with Howard Smith, the Executive Director of the Center for Industry Self-Regulation (CISR), a charitable non-profit that is working to educate industries on the power of soft law. Howard discusses the current landscape, the call to action for business leaders to embrace industry self-regulation models for addressing systemic industry challenges, and how CISR is working on an education intuitive that will help provide a long-term solution.

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5 Years of SWIFT – Does it meet the need for speed?

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A single-issue ad law case does not mean it is not an important issue. For the last 5 years, the Fast-Track SWIFT filing track has addressed the increasing speed of online campaigns and the demand for the challenge process to keep pace, issuing decisions within 20 days of the challenge.

In this episode of Ad Watchers, hosts Annie and Eric discuss the rapid rise in single-issue advertising NAD challenges, a 3-fold increase in the last three years, and outline the types of cases seen, such as disclosure and #1 claims.

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The Ad Law Trend Report – What were 2024’s hot topics and trends?

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The National Advertising Division (NAD) Annual Report provides a comprehensive look at the year’s ad law trends and hot topics, from influencers to AI to reviews and rankings. 

To kick off a new season of Ad Watchers, hosts Eric and Annie provide insights from the 2024 Annual Report and discuss what’s next in the year ahead, along with some timely best practices for advertisers. 

Annie and Eric discuss the report, highlighting key trends in advertising law, including the rise of influencer marketing, AI challenges, and comparative claims. They emphasize the importance of compliance in health and safety claims and preview upcoming events, including the 2025 NAD conference.

Key Takeaways:

  • NAD has over 50 years of experience in advertising law.
  • The annual report reveals significant trends in advertising disputes.
  • Fast-Track SWIFT filings have increased by 50% since 2023.
  • Influencer marketing cases are on the rise, especially in beauty.
  • AI-related advertising issues are becoming more prevalent.
  • Comparative claims continue to be a major focus for NAD.
  • Health claims require competent and reliable scientific evidence.
  • NAD is seeing new product categories and challenges.
  • The 2025 NAD conference will be held in September in Washington, D.C.

Chapters:

[00:00] Introduction to NAD and Advertising Law
[02:12] Annual Report Insights and Trends
[07:29] Influencer Marketing and AI Challenges
[12:11] Comparative Claims and Industry-Specific Cases
[17:03] Health and Safety Claims in Advertising
[19:29] Looking Ahead: NAD Conference and Future Trends

A Chat with ICAS: What Are Ad Law’s Global Hot Topics?

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In the final episode of the season, Ad Watchers hosts Annie Ugurlayan and Eric Unis go global. They are joined by Sibylle Stanciu-Loeckx, the executive director of the International Council for Advertising Self-Regulation, to discuss the international landscape of advertising self-regulation, including global hot topics, how countries find consensus on critical advertising issues, and the launch of a new Global Think Tank established to explore advertising’s next frontier.

Annie, Eric, and Sibylle discuss the importance of advertising self-regulation on a global scale. They cover the diverse approaches to advertising standards across different countries, the current challenges faced by self-regulatory organizations, and the launch of a new Global Think Tank aimed at fostering collaboration and developing better advertising guidelines. This episode emphasizes the need for ethical advertising practices and examines the role of AI in shaping the future of advertising self-regulation.

Key Takeaways:

  • Cultural differences shape advertising self-regulation systems.
  • AI presents both opportunities and challenges in advertising.
  • Collaboration among self-regulatory organizations (SROs) is essential for effective self-regulation.
  • The ICAS Think Tank aims to enhance global advertising standards.
  • Consumer complaints are a significant focus for many SROs.
  • Sustainability and responsible advertising are hot topics globally.
  • US advertising regulations influence global practices.
  • Ethics in advertising is a universal commitment.

Chapters

00:00 Introduction to Advertising Self-Regulation
02:02 Exploring ICAS and its Global Impact
10:10 Diverse Approaches to Advertising Self-Regulation
14:52 Current Challenges in Advertising Self-Regulation
20:06 Building Consensus Among Global SROs
24:51 Future Trends in Advertising Self-Regulation

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