Category Archives: The Ad Watchers Show Notes

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

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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.

Related Resources:

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

Episode Show Notes: What is the Appeal of an Appeal? Getting to Know NARB

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On this episode of Ad Watchers, host Daniel Range, Attorney at the National Advertising Division (NAD), is joined by an all-star team from the National Advertising Review Board (NARB), BBB Programs. Ken Plevan, Chair, Heather Hippsley, Vice-Chair, and Saveeta Dhanai, Manager, all gather to discuss who makes up the National Advertising Review Board (N ARB) and the role this organization plays in the advertising self-regulation space. 

Dan leads the conversation by asking Ken to give listeners a general overview of the NARB and its function. Ken begins by reminding us that NARB is informal and voluntary. Companies participating in the NAD process who are unhappy with the decision issued have an opportunity to appeal, which is done through NARB. Unsatisfied NAD participants can ask their colleagues within the industry to tell them whether what they are doing is right, wrong, or defensible. This request transforms into a review board comprised of five industry peers.

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Episode Show Notes: The NAD Top 10 — Did you know?

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On this episode of the Ad Watchers dynamic duo, Annie Ugurlayan and Dan Range decide to address misperceptions and misconceptions about the National Advertising Division (NAD). As the Assistant Director and an attorney of the program, the two tackle the top 10 of the most common misunderstandings that new and not-so-new participants tend to have about NAD and the challenge process.

Annie admits to listeners that their list may not be as exciting as David Letterman’s top 10 list from Sioux City, Iowa; however, Dan ensures that their top 10 will be on par. Dan kicks us off with the number one source of confusion that participants in NAD proceedings often have. That boils down to understanding the scope of NAD’s review.

2:35- To begin, Dan reminds listeners that NAD looks at truth and accuracy. Since advertising is all about messaging, NAD seeks to understand the intent behind an advertiser’s message to the consumer. What is the advertiser conveying to its audience? Then NAD looks to answer whether the message is true or false. With that being the case, Dan advises challengers to identify the specific messages or claims they are challenging, both express and implied.

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Episode Show Notes: A Different Playing Field. How is Advertising to Kids Different?

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This week on Ad Watchers, hosts Dan Range, an attorney at the National Advertising Division (NAD), and Annie Ugurlayan, NAD’s Assistant Director, are joined by Rukiya Bonner, the director of the Children’s Advertising Review Unit (CARU). This unit is a sister organization to NAD under the BBB National Programs umbrella. It exists to help companies comply with guidelines that protect children from deceptive advertising and ensure that children’s data is collected responsibly. In this episode, the three discuss the extra care required when advertising to children versus adults.

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Episode Show Notes: It’s Not Puffery. Do You Have the Evidence to Be #1?

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It’s Not Puffery. Do You Have the Evidence to Be #1

In the latest episode of Ad Watchers, hosts Dan Range, an attorney at the National Advertising Division (NAD), and Annie Ugurlayan, NAD’s Assistant Director, discuss the different types of #1 claims and what is needed to substantiate them. How do advertisers prove their product is the best?

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