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.

What makes an influencer trustworthy?



Influencer marketing is now a major part of the advertising landscape, but questions around disclosures, sponsored content, material connections, and misleading claims continue to create challenges for brands, agencies, creators, and consumers.

In this episode of Ad Watchers, our hosts speak with Jennifer Santos about the Institute for Responsible Influence, an initiative designed to help creators and brands better understand responsible advertising practices. The conversation covers IRI’s certification program, FTC endorsement requirements, disclosure best practices, creator education, monitoring, accountability, and the growing global conversation around influencer self-regulation.

The episode highlights a key takeaway for advertisers and creators: responsible influence is not just about compliance. It is also about transparency, credibility, and building consumer trust in influencer marketing.

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Chapters:

00:00 – Welcome and episode introduction
Introduces Ad Watchers and frames the episode around influencer advertising, material connection disclosures, and NAD’s ongoing interest in influencer marketing.

01:57 – Introducing the Institute for Responsible Influence
Explains the Center for Industry Self-Regulation’s Institute for Responsible Influence and its goal of promoting transparency and consumer confidence in advertising.

03:08 – Why IRI was created
Covers how IRI grew out of concerns around misinformation, undisclosed sponsorships, misleading claims, and lack of awareness around advertising standards and FTC guidance.

04:14 – Responsible Influence Certification Program
Introduces the 90-minute certification program designed to educate creators on responsible advertising practices.

06:08 – How creators, brands, agencies, and consumers benefit
Explains how the program helps creators understand rules, helps brands identify responsible partners, and gives consumers more transparent and truthful content.

08:01 – Certification process and requirements
Breaks down the training modules, assessment, annual renewal, best practices pledge, and certification seal.

10:00 – Early response and global momentum
Discusses positive response from the creator ecosystem and how responsible influence certification is becoming part of a broader global conversation.

12:16 – Beauty, health, and wellness influencer marketing
Looks at industries that have been especially receptive to IRI, including beauty and health and wellness, where trust and influencer engagement are especially important.

14:58 – Monitoring and accountability for certified creators
Explains how IRI monitors certified creators’ public content and provides guidance when potential issues arise.

18:24 – Common education gaps for influencers and brands
Covers major areas where more education is needed, including material connections, disclosure requirements, intellectual property, and shared responsibility between brands and creators.

22:39 – Ongoing obligations for certified creators
Explains that certification is not a one-time exercise; creators must continue applying responsible influence principles in future content and brand partnerships.

23:50 – Building consumer awareness of the certification seal
Discusses the long-term goal of helping consumers recognize the certification seal as a signal of responsible advertising practices.

26:48 – The future of influencer self-regulation
Looks ahead to the creator council, certified creator database, vertical-specific trainings, and broader collaboration across the creator economy.

31:14 – Final takeaway: consumer trust and responsible influence
Recaps the importance of training, clear rules of the road, material connection disclosures, and building consumer trust through responsible influencer marketing.


How Should Brands Advertise Infant Care Products Without Overpromising?



With heightened consumer expectations around safety, transparency, and performance, infant care brands face growing pressure to ensure their advertising claims are properly supported.

In this episode of Ad Watchers, NAD attorneys explore the evolving and innovative landscape of infant care marketing, from infant formula and diapers to AI-powered baby monitors and bassinets. Learn about recent cases and ensuring vulnerable audiences fully understand the benefits and limitations of advertised products in this multidimensional category.

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Chapters:
00:00 – Welcome and infant care case overview
Introduces the episode’s focus on infant formula, diapers and wipes, monitors, bassinets, and related infant-care product claims.
02:26 – Infant formula claims: natural, clean, and comparative nutrition
Covers Kendall Mill claims around natural ingredients, clean formula messaging, and comparative nutrition support.
05:37 – Cognitive development and European sourcing claims
Looks at MFGM, whole milk, breast-milk comparisons, and European-origin symbolism on packaging.
12:23 – Formula savings and affordability claims
Examines savings claims for hypoallergenic infant formula and where broader equivalence messaging went too far.
15:06 – Diaper fit, absorbency, and biodegradable claims
Reviews best-fitting diaper claims, quantified absorbency claims, and the need to qualify biodegradable messaging under the FTC Green Guides.
20:24 – Baby wipes claims and diaper-rash messaging
Covers number-one wipe claims, clinically proven language, and implied safety or superiority messaging in wipes advertising.
23:25 – Smart baby monitor claims and category expansion
Explores number-one baby monitor and number-one smart baby monitor claims and how NAD viewed the broader monitor category.
26:31 – AI bassinets and AI-powered baby monitors
Breaks down claims about cry translation, emotion detection, and AI-supported device functionality.
30:30 – Safety claims and COPPA issues in connected infant products
Covers strong safety messaging, detection limitations, and COPPA-related review of connected infant products.
32:00 – Final takeaways on vulnerable audiences and substantiation
Ends with the importance of narrowly tailoring claims, especially in infant care and green-claims contexts.


Are pet product claims more marketing than reality?



Ad Watchers: Are pet product claims more marketing than reality?

Pet product advertising is facing increased scrutiny, and recent National Advertising Division (NAD) cases highlight why precision in claims matters.

In this episode of Ad Watchers, NAD attorneys break down key cases involving “human-grade” pet food, ingredient and comparative claims, savings messages, Made in USA qualifications, and common issues like puffery and odor or stain elimination claims. 

The episode underscores a critical point for advertisers: substantiation standards apply just as rigorously to pet products as they do to products for humans.

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What Can Brands Say About Health Without Crossing the Line?



In this episode, the National Advertising Division (NAD) examines the rapid rise in pharma and health-related cases—now a significant and growing share of its docket. The conversation explores some of today’s most closely scrutinized issues, including GLP-1 and compounded drug claims, and a wide variety of health claims from eczema to plantar fasciitis, as well as strikethrough pricing and endorsement disclosures.

This episode offers a timely look at how self-regulation is shaping industry practices through its wide-ranging guidance amidst increasing legal and regulatory pressure.

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In Your Face – Where do you draw the line with denigration?



It is common for advertisers to engage in a little healthy competition, directly comparing their products to a competitor’s to inform consumers about the differences between them. But what happens when things get mean? It crosses the line when denigrating claims are false. 

The National Advertising Division’s (NAD) mission is to ensure that consumers are getting accurate advertising, to enhance trust in the marketplace. In this final episode of the season, hosts Annie and Eric discuss denigrating claims cases that have come before NAD and how our advertising lawyers break down when a line has been crossed.

Tune in to learn practical lessons for advertisers, lawyers, and marketing teams navigating competitor claims.

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Chapters

  • 00:00 – Intro & NAD Conference Reminder
  • 02:00 – Defining Denigrating Advertising
  • 03:00 – Goose Creek vs. Bath & Body Works: “Harmful chemicals” claims
  • 05:00 – Genexa vs. Johnson & Johnson: Ingredient comparisons gone wrong
  • 09:50 – Vrbo vs. Airbnb: “Host-free” campaign and implied disparagement
  • 11:00 – Tempur-Pedic vs. Sleep Number: “Air mattress” claims
  • 18:00 – Blue Buffalo vs. Mars Petcare: Comparative claims and consumer perception
  • 21:30 – Key Takeaways: Humor isn’t a defense, keep it narrow, expect challenges
  • 22:10 – Closing & Season Wrap