Mornings Just Got More Confusing Because Of These 3 Ad Law Cases

Mornings.  Most Of Us Dread Them With these recent cases, it’s a wonder anybody buys a mattress, drinks coffee, or drives to work. Your morning routine may now be more confusing because of these recent NAD cases.  Would You Really Confuse Starbucks Coffee For Another Brand My family knows to leave me alone until I have my two cups of homemade drip coffee (yea, I’m cheap that way). But others have huge Starbucks addiction; it’s why they vigorously protect their brand, and why they … [Read more...]

Quit Whining About My Ad; Just Make A Better Product (Part 2)

Today is Part 2 of my coverage of October and November NAD rulings on challenged advertisements. Here is Part 1. Credit Card companies always offer more cash back, more miles, more rewards than their competitors. I don’t know about you, but I have no clue which one to believe. Does Anybody Ever Really Get a Free Trip From Their Credit Card Miles? Chase Bank brought Capitol One Bank before NAD for Capitol’s representation that its Spark Credit Card offered “the most rewards”, “the … [Read more...]

Quit Whining About My Ad; Just Make A Better Product (Part 1)

They Didn't Like Your Ad So They Went To the NAD One purpose of advertising is to help distinguish your products from your competitors’ products. However, when your ads are misleading or unfairly disparage your competitors’ products, they will likely launch a challenge before the National Advertising Division of the Better Business Bureau (NAD). Here is a round-up of cases brought before the NAD in October and November Cranberry Juice vs V8 Vegetable Juice (No, I'm Not Talking Drink … [Read more...]

The Absolutely Three Best False Advertising Rulings From September

Background The BBB’s Advertising Self-Regulatory Council (aka NAD) made three rulings in September on false-advertising cases involving Generac, Verizon and Sunology Sunblock. A common thread in all these rulings was the use by advertisers of "absolute" claims in their ads.  Keep in mind the costs for companies to change their advertising, packaging, and even entire marketing plans to comply with the rulings. Discussion If My Power Goes Out, Any Generator Will Do Generac, maker of home … [Read more...]

Dr. Seuss Riding a Bike to The Movies – A Bad Advertisement for Kids

Background The Children’s Advertising Review Unit (CARU) issued three rulings in September on advertising aimed at children.  The rulings focused on personal information collected on websites, advertising disguised as kids’ games, and violent movie trailers shown on kids’ shows. Discussion BMX Rides Into Trouble For Violating COPPA BMX   advertised in Sports Illustrated Kids Magazine inviting kids to race their bikes at locations around the U.S.  To sign up, the kids went to the … [Read more...]

Kids Rescued From False Advertising by Fruit Loops, Splash Blaster And Oscar Meyer

Background The Children’s Advertising Review Unit (CARU) issued three rulings in August on false advertising aimed at children.  The rulings focused on child safety, food, and advertising disguised as kids’ games. Discussion Splash Blaster Soaked In False Advertising The maker of Splash Blaster had a 15 second advertisement showing kids playing around and in a swimming pool.  The end of the ad stated “Always Swim With Adults Present”, but nowhere in the commercial are were … [Read more...]

Summer Tales of False Advertising Performed by T-Mobile, Colgate and Chrysler

Background The Advertising Self-Regulatory Council (aka NAD) made rulings in August on false-advertising cases involving T-Mobile, Colgate and Chrysler.  Keep in mind the costs for companies to change their advertising, packaging, and even entire marketing plans to comply with the rulings. Discussion T-Mobile – Not Really the Largest 4G Network You probably haven’t seen T-Mobile’s advertisement claiming it has “America’s Largest 4G Network” in awhile.  There’s a reason for … [Read more...]

5 NAD False-Advertising Rulings from July

Background The Advertising Self-Regulatory Council (aka NAD) made a number of rulings on false-advertising cases in July.  Here are five I thought were interesting.  As you review them, keep in mind the costs to the companies who have to change their advertising, packaging, and even entire marketing plans to comply with the rulings. Discussion NAD Recommends Euro Pro Modify, Discontinue Certain Claims for ‘Shark Navigator' Freestyle Vacuum Following Dyson Challenge.  Link here I’m not a … [Read more...]

What Are You Up To?

Background “What are you up to?” It’s such a simple question and one we ask friends and family every day.  However, in the advertising world, these two words have an entirely different meaning.  And, unfortunately for advertisers, these two short simple 2-letter words are highly regulated by the FCC and can be a legal nightmare if improperly used. Discussion Advertisers are prone to puffery (gee, who da thunk it) and always want to stress the best possible results from using their … [Read more...]

Consider This Perspective On Advertising Puffery

Background I’m watching T.V. with my 14 year-old son who, upon seeing an advertisement, asks: “Dad, how can they say their coffee is brewed from the best beans in Costa Rica?  How do they know they’re the best”?  I’m not going to discuss why my son thinks to ask this question; that is fodder for other posts.  But his question raises an important issue:  How can advertisers and marketers make overstated claims like this without proving they are true? This exaggerated claim, as … [Read more...]