Category: Advertising

23 Oct, 2015

“Compare To” Claims – NAD Holds that Competing Products With Different Levels of Clinical Support are Not Truly Comparable

Grammar guides advise that “compare to” is the proper formulation when two things are similar — as in “Shall I compare thee to a summer’s day” — whereas “compare with” should be used to point out dissimilarity or contrast. In the legal context, both NAD continue reading...

Advertising

13 Oct, 2015

While the jacket might be puffy, the claims weren’t puffery. The NAD provides guidance on distinguishing performance claims from puffery.

The National Advertising Division is already gearing up for winter, with a recent decision on the tagline “Lightest. Warmest. Guaranteed” for down jackets marketed by Eddie Bauer. Eddie Bauer, LLC, Report #5875 (NAD Case Reports ___). The decision provides useful guidance on the line continue reading...

Advertising / Right of Publicity

29 Sep, 2015

Consumers Like You – Can you Like Them Back? Right of Publicity Issues on Social Media

A recent New York Times article serves as a helpful reminder that the use of a person’s name or photograph for commercial advertising and promotional purposes, without the person’s consent, would likely violate state right of publicity laws and potentially contravene a company’s privacy policy continue reading...

Advertising

22 Sep, 2015

Is it a Feeling or a Fact? NAD Addresses the Issue of Sensory Perception vs. Objective Performance Claims

A recent NAD decision addresses the issue of when an advertising claim is “sensory“ in nature and can be supported by consumer perception evidence, and when a claim is a product performance claim, requiring objective testing for substantiation. See Kimberly-Clark Corp., Report #5866 (July 17, continue reading...

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Category: Advertising

“Compare To” Claims – NAD Holds that Competing Products With Different Levels of Clinical Support are Not Truly Comparable

While the jacket might be puffy, the claims weren’t puffery. The NAD provides guidance on distinguishing performance claims from puffery.

Consumers Like You – Can you Like Them Back? Right of Publicity Issues on Social Media

Is it a Feeling or a Fact? NAD Addresses the Issue of Sensory Perception vs. Objective Performance Claims

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