Category Archives: Ad Watchers

Welcome to The Ad Watchers! Join National Advertising Division attorneys on this podcast as they explore advertising claims and what it means to put them to the truthfulness test.

Expanding Knowledge of Soft Law – What is CISR?

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The U.S. advertising industry founded the National Advertising Division (NAD) to build consumer trust in advertising and support fair competition in the marketplace. Through this soft law model, responsible brands voluntarily discontinue or modify challenged misleading ad claims. In this era of deregulation, industry leaders can learn from the advertising industry and keep moving forward even if government does not. 

In this episode of Ad Watchers, hosts Annie and Eric talk with Howard Smith, the Executive Director of the Center for Industry Self-Regulation (CISR), a charitable non-profit that is working to educate industries on the power of soft law. Howard discusses the current landscape, the call to action for business leaders to embrace industry self-regulation models for addressing systemic industry challenges, and how CISR is working on an education intuitive that will help provide a long-term solution.

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5 Years of SWIFT – Does it meet the need for speed?

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A single-issue ad law case does not mean it is not an important issue. For the last 5 years, the Fast-Track SWIFT filing track has addressed the increasing speed of online campaigns and the demand for the challenge process to keep pace, issuing decisions within 20 days of the challenge.

In this episode of Ad Watchers, hosts Annie and Eric discuss the rapid rise in single-issue advertising NAD challenges, a 3-fold increase in the last three years, and outline the types of cases seen, such as disclosure and #1 claims.

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The Ad Law Trend Report – What were 2024’s hot topics and trends?

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The National Advertising Division (NAD) Annual Report provides a comprehensive look at the year’s ad law trends and hot topics, from influencers to AI to reviews and rankings. 

To kick off a new season of Ad Watchers, hosts Eric and Annie provide insights from the 2024 Annual Report and discuss what’s next in the year ahead, along with some timely best practices for advertisers. 

Annie and Eric discuss the report, highlighting key trends in advertising law, including the rise of influencer marketing, AI challenges, and comparative claims. They emphasize the importance of compliance in health and safety claims and preview upcoming events, including the 2025 NAD conference.

Key Takeaways:

  • NAD has over 50 years of experience in advertising law.
  • The annual report reveals significant trends in advertising disputes.
  • Fast-Track SWIFT filings have increased by 50% since 2023.
  • Influencer marketing cases are on the rise, especially in beauty.
  • AI-related advertising issues are becoming more prevalent.
  • Comparative claims continue to be a major focus for NAD.
  • Health claims require competent and reliable scientific evidence.
  • NAD is seeing new product categories and challenges.
  • The 2025 NAD conference will be held in September in Washington, D.C.

Chapters:

[00:00] Introduction to NAD and Advertising Law
[02:12] Annual Report Insights and Trends
[07:29] Influencer Marketing and AI Challenges
[12:11] Comparative Claims and Industry-Specific Cases
[17:03] Health and Safety Claims in Advertising
[19:29] Looking Ahead: NAD Conference and Future Trends

A Chat with ICAS: What Are Ad Law’s Global Hot Topics?

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In the final episode of the season, Ad Watchers hosts Annie Ugurlayan and Eric Unis go global. They are joined by Sibylle Stanciu-Loeckx, the executive director of the International Council for Advertising Self-Regulation, to discuss the international landscape of advertising self-regulation, including global hot topics, how countries find consensus on critical advertising issues, and the launch of a new Global Think Tank established to explore advertising’s next frontier.

Annie, Eric, and Sibylle discuss the importance of advertising self-regulation on a global scale. They cover the diverse approaches to advertising standards across different countries, the current challenges faced by self-regulatory organizations, and the launch of a new Global Think Tank aimed at fostering collaboration and developing better advertising guidelines. This episode emphasizes the need for ethical advertising practices and examines the role of AI in shaping the future of advertising self-regulation.

Key Takeaways:

  • Cultural differences shape advertising self-regulation systems.
  • AI presents both opportunities and challenges in advertising.
  • Collaboration among self-regulatory organizations (SROs) is essential for effective self-regulation.
  • The ICAS Think Tank aims to enhance global advertising standards.
  • Consumer complaints are a significant focus for many SROs.
  • Sustainability and responsible advertising are hot topics globally.
  • US advertising regulations influence global practices.
  • Ethics in advertising is a universal commitment.

Chapters

00:00 Introduction to Advertising Self-Regulation
02:02 Exploring ICAS and its Global Impact
10:10 Diverse Approaches to Advertising Self-Regulation
14:52 Current Challenges in Advertising Self-Regulation
20:06 Building Consensus Among Global SROs
24:51 Future Trends in Advertising Self-Regulation

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AI is Everywhere: What about advertising?

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Artificial intelligence (AI) is top-of-mind for most businesses and on the radar of the National Advertising Division (NAD). In this episode of The Ad Watchers, NAD attorneys Eric Unis and Annie Ugurlayan are joined by guest Ken Crutchfield from Wolters Kluwer Legal & Regulatory U.S. to discuss AI’s potential impact on advertising.

Annie, Eric, and Ken chat about how AI is shaking things up in advertising and the law. Their discussion includes a comprehensive overview on the types of AI, how it works, and where advertisers may want to tread lightly. They dive into a recent case where AI was in the spotlight and break down the different kinds of AI out there. Ken brings insights on how AI is changing the legal field, how it can help advertisers get a grip on markets, and why using AI correctly is so crucial. The conversation covers the ups and downs of using AI in ads, what advertisers need to think about, and tips for navigating AI-related challenges.

Key Takeaways

[03:00] Clear disclosures are crucial when using AI in advertising to avoid misleading claims and copyright infringement.
[11:36] Validation of AI-generated content through trusted sources is essential to ensure accuracy and reliability.
[15:07] Regulating AI poses challenges, and laws may vary internationally, requiring careful consideration of legal requirements.
[21:39] Courts are encountering AI-related cases, and the use of AI in legal proceedings is a topic of discussion.
[24:01] The conversation around AI in advertising and the law is ongoing, and further exploration of its implications is necessary.