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.

Are You Taking Care of Your Health (Claims)?

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Now more than ever consumers are paying attention to their health and wellness. Research indicates that consumers see health and wellness as ‘essential-spend categories.’ Not surprisingly, many brands see this as an opportunity to advertise a new product or service that will help a consumer achieve better health. But consumers aren’t the only ones paying attention. The Federal Trade Commission (FTC) is paying attention to the health-related claims brands are making, including the substantiation the advertiser has to back up those health claims.

In this episode of Ad Watchers, hosts Dan and Annie break down the FTC’s new Health Products Compliance Guidance, which outlines how to ensure that claims about benefits and safety of health-related products are truthful, not misleading, and supported by science.

For more information about this episode, read the show notes here.  

 

How Can You Ensure Your DEI Efforts Are Authentic?

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As the expectation for representation has continued to rise, advertisers are turning to Diversity, Equity, Inclusion, and Belonging (DEIB) efforts to ensure everyone feels seen. NAD recognizes the significance of authenticity in these diverse depictions and will be enforcing new standards to hold companies accountable when they endorse harmful stereotypes in their advertisements.  

Hosts Eric and Annie are joined by Ingrid Otero Smart to discuss the secret to avoiding typecasts and tokenism when depicting diverse cultures. Listen now to understand the key components of a truly inclusive DEI campaign. 

For more information about this episode, read the show notes here.  

 

Where is the Line Between Ethical Design and Dark Patterns?

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Think about the times you felt tricked or frustrated by a membership or subscription that had a seamless signup process but was later difficult to cancel. Something that should be simple and transparent can be complicated, intentionally or unintentionally, in ways that impair consumer choice. These are examples of dark patterns. Unfortunately, dark patterns are becoming increasingly common as companies look for ways to boost profits. While some may seem harmless, others can have serious consequences for users. 

Where is the line between ethical, persuasive design and dark patterns? In this episode of Ad Watchers, hosts Eric and Annie are joined by guest Deputy Director of the National Advertising Division, Katherine Armstrong to answer that question. Together, these three explore dark patterns and the FTC’s recent report on the topic, provide some real examples from NAD cases, and deliver commentary on the FTC’s response to the proliferation of these dark patterns. Listen now to understand the most common dark pattern tactics and how you can avoid them while still producing compelling, persuasive advertising.   

For more information about this episode, read the show notes here.  

How is Direct Selling Advertising Different?

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For years, the direct selling industry carried a stigma of frauds and pyramid schemes, but in 2019, the Direct Selling Association decided to take control of its reputation. They enlisted the help of BBB National Programs to develop a self-regulatory program. From this partnership came the Direct Selling Self-Regulatory Council (DSSRC).

In this episode of Ad Watchers, hosts Eric and Annie are joined by the Vice President of the DSSRC, Peter Marinello. Peter shares with listeners how the DSSRC has worked to support the direct selling industry. Listen now to understand self-regulation’s impact on the market and what to expect during a direct selling self-regulatory case.

For more information about this episode, read the show notes here. 

Revisiting the Best Podcast Episode Ever: What is Puffery?

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When you hear a claim in an advertisement like, “best in the world,” you probably know that the product has not been measurably proven to actually be the best in the world. And that’s okay, because this is an example of puffery, an exaggerated, blustering, or boastful statement or general claim that could only be understood to be an expression of opinion, not a statement of fact. But where is the line between puffery and a claim that needs a reasonable basis?

In this episode of Ad Watchers, hosts Eric Unis and Annie Ugurlayan revisit a fan favorite episode from season one. Listen to hear Hal Hodes and La Toya Sutton break down the questions they ask to determine whether or not a statement is puffery. Later in the episode, they are joined by none other than current host Eric to judge the Battle Royale of Puffery: each host presents cases that illustrate various types of this practice. Tune in to hear which of our hosts has the best examples of puffery in the universe!

For more information about this episode, read the show notes here.