National Advertising Division (NAD) Advertising & Self Regulation. Kathryn L. Farrara NABCA 16 th Annual Symposium on Alcohol Beverage Law & Regulation March 9-11, 2009. History of NAD. 1971 – NAD was formed by advertising trade associations and the Council of Better Business Bureaus.
Kathryn L. Farrara
NABCA 16th Annual Symposium on
Alcohol Beverage Law & Regulation
March 9-11, 2009
1971 – NAD was formed by advertising trade associations and the Council of Better Business Bureaus.
Substantially easier burden of proof (reasonable basis)
Challengers do not have to prove that the advertising is misleading.
No standing issues
Ample opportunity to be heard and full access to NAD throughout the process.
ConfidentialWhy Choose NAD over Federal Court?
“Tastes better than the leading brand!”
“The best value on the planet!”
“4 out of 5 Dentists Recommend…”
“2X the cleaning power* *but still leaves it pretty grimy.”
“Clinical Tests Prove...!
Can the advertiser truthfully make certain statements in its advertising questioning the nature and origin of Stolichnaya Vodka without falsely disparaging Stolichnaya Vodka?
Denigrating claims must be truthful, accurate, narrowly drawn and do not falsely disparage a competitor’s product.
NAD reviewed the following evidence submitted by the parties:
In the absence of reliable consumer perception data, NAD will use its experienced judgment to determine the reasonable messages conveyed by an advertisement.
or key phrases