Wiley Rein LLP


Advertising | NAD CHALLENGES

Wiley Rein has extensive experience before the National Advertising Division of the Council for Better Business Bureaus (NAD), which has become a primary self-regulatory body that addresses U.S. advertising issues.  The NAD offers a fast, confidential, and low-cost dispute resolution forum, and federal courts and the FTC recognize and respect NAD decisions.  Firm attorneys have successfully challenged and defended advertising claims relating to consumer electronics, environmental issues, pesticides/fertilizer, building construction, appliances and food products.

Representative NAD experience includes:

  • Successfully challenged the environmental advertising claims of a supplier of plastic bags for the delivery of newspapers.  The NAD recommended the discontinuation of advertiser's claims that its plastic bags are “100% oxo-biodegradable,” “completely recyclable” and  “eco-friendly” because the advertiser did not provide adequate substantiation.
  • Successfully defended a challenge to the advertising claims associated with a client’s digital projector technology and subsequently challenged successfully the advertising claims associated with a competing technology.
  • Successfully challenged advertising claims of a competitive plumbing fixture manufacturer.
  • Successfully challenged advertising claims by a manufacturer of fiber glass insulation products.

Hugh Latimer recently published an article describing in detail the NAD dispute resolution process.  John F. Kamp is a member of the National Advertising Review Board (NARB), which hears appeals from NAD decisions.  Founding partner Richard E. Wiley also has served as a member of the NARB.

Contact Us
Hugh Latimer
202.719.4989 | hlatimer@wileyrein.com




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