Tag Archives: NAD

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 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 their colleague Eric Unis 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. 

Episode Show Notes: So, Who’s Making These Advertising Rules?

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Accountability Studios presents Ad Watchers—a unique podcast series brought to you by the National Advertising Division (NAD) of BBB National Programs. This podcast series provides listeners with behind-the-scenes access and insights into the nitty-gritty of advertising law. In its inaugural episode, hosts Hal Hodes and La Toya Sutton talk about the importance of consumer understanding.

The conversation begins with the dynamic duo teasing up the types of conversations listeners can expect to hear, defining their target listener, and highlighting their goals for the podcast series. As La Toya stated, ultimately, they “want to help the listener know what to do, and what to look for to ensure that their advertising is truthful and substantiated.”

In this episode, Hal and La Toya also answer the question, “who makes the rules.” They start by clarifying that NAD does not contribute to the rule-making process. Instead, they help apply the rules formulated by federal organizations and agencies like the Federal Trade Commission (FTC), Environmental Protection Agency (EPA), and similar entities.

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So, Who’s Making These Advertising Rules?

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Podcast (adwatchers): Play in new window | Download (Duration: 30:49 — 70.5MB) | Embed

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In the Ad Watchers podcast series, National Advertising Division (NAD) attorneys Hal Hodes and La Toya Sutton break down common advertising practices to reveal the complexity of keeping claims truthful and accurate. In this first episode, the hosts talk about the guiding principle behind all NAD decisions: consumer understanding. Hal and La Toya discuss what it means to them to step into the shoes of the consumer and break down all of the factors that NAD takes into consideration during an advertising review that regulators (e.g., the FTC or FDA) may not.

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