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.

Ad Watchers: How Should Brands Advertise Infant Care Products Without Overpromising?

Ad Watchers, , , , , ,

Podcast (adwatchers): Play in new window | Download (Duration: 34:16 — 47.1MB) | Embed

Subscribe: Apple Podcasts | RSS

With heightened consumer expectations around safety, transparency, and performance, infant care brands face growing pressure to ensure their advertising claims are properly supported.

In this episode of Ad Watchers, NAD attorneys explore the evolving and innovative landscape of infant care marketing, from infant formula and diapers to AI-powered baby monitors and bassinets. Learn about recent cases and ensuring vulnerable audiences fully understand the benefits and limitations of advertised products in this multidimensional category.

Related Resources:

Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.

Chapters:
00:00 – Welcome and infant care case overview
Introduces the episode’s focus on infant formula, diapers and wipes, monitors, bassinets, and related infant-care product claims.
02:26 – Infant formula claims: natural, clean, and comparative nutrition
Covers Kendall Mill claims around natural ingredients, clean formula messaging, and comparative nutrition support.
05:37 – Cognitive development and European sourcing claims
Looks at MFGM, whole milk, breast-milk comparisons, and European-origin symbolism on packaging.
12:23 – Formula savings and affordability claims
Examines savings claims for hypoallergenic infant formula and where broader equivalence messaging went too far.
15:06 – Diaper fit, absorbency, and biodegradable claims
Reviews best-fitting diaper claims, quantified absorbency claims, and the need to qualify biodegradable messaging under the FTC Green Guides.
20:24 – Baby wipes claims and diaper-rash messaging
Covers number-one wipe claims, clinically proven language, and implied safety or superiority messaging in wipes advertising.
23:25 – Smart baby monitor claims and category expansion
Explores number-one baby monitor and number-one smart baby monitor claims and how NAD viewed the broader monitor category.
26:31 – AI bassinets and AI-powered baby monitors
Breaks down claims about cry translation, emotion detection, and AI-supported device functionality.
30:30 – Safety claims and COPPA issues in connected infant products
Covers strong safety messaging, detection limitations, and COPPA-related review of connected infant products.
32:00 – Final takeaways on vulnerable audiences and substantiation
Ends with the importance of narrowly tailoring claims, especially in infant care and green-claims contexts.

Ad Watchers: Are pet product claims more marketing than reality?

Ad Watchers, ,

Podcast (adwatchers): Play in new window | Download (Duration: 22:31 — 31.0MB) | Embed

Subscribe: Apple Podcasts | RSS

Ad Watchers: Are pet product claims more marketing than reality?

Pet product advertising is facing increased scrutiny, and recent National Advertising Division (NAD) cases highlight why precision in claims matters.

In this episode of Ad Watchers, NAD attorneys break down key cases involving “human-grade” pet food, ingredient and comparative claims, savings messages, Made in USA qualifications, and common issues like puffery and odor or stain elimination claims. 

The episode underscores a critical point for advertisers: substantiation standards apply just as rigorously to pet products as they do to products for humans.

Related Resources:

Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.

Ad Watchers: What Can Brands Say About Health Without Crossing the Line?

Ad Watchers, ,

Podcast (adwatchers): Play in new window | Download (Duration: 24:06 — 33.1MB) | Embed

Subscribe: Apple Podcasts | RSS

In this episode, the National Advertising Division (NAD) examines the rapid rise in pharma and health-related cases—now a significant and growing share of its docket. The conversation explores some of today’s most closely scrutinized issues, including GLP-1 and compounded drug claims, and a wide variety of health claims from eczema to plantar fasciitis, as well as strikethrough pricing and endorsement disclosures.

This episode offers a timely look at how self-regulation is shaping industry practices through its wide-ranging guidance amidst increasing legal and regulatory pressure.

Related Resources:

Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.

In Your Face – Where do you draw the line with denigration?

Ad Watchers, The Ad Watchers Show Notes, , , , , ,

Podcast (adwatchers): Play in new window | Download (Duration: 23:21 — 32.2MB) | Embed

Subscribe: Apple Podcasts | RSS

It is common for advertisers to engage in a little healthy competition, directly comparing their products to a competitor’s to inform consumers about the differences between them. But what happens when things get mean? It crosses the line when denigrating claims are false. 

The National Advertising Division’s (NAD) mission is to ensure that consumers are getting accurate advertising, to enhance trust in the marketplace. In this final episode of the season, hosts Annie and Eric discuss denigrating claims cases that have come before NAD and how our advertising lawyers break down when a line has been crossed.

Tune in to learn practical lessons for advertisers, lawyers, and marketing teams navigating competitor claims.

Related Resources:

Chapters

  • 00:00 – Intro & NAD Conference Reminder
  • 02:00 – Defining Denigrating Advertising
  • 03:00 – Goose Creek vs. Bath & Body Works: “Harmful chemicals” claims
  • 05:00 – Genexa vs. Johnson & Johnson: Ingredient comparisons gone wrong
  • 09:50 – Vrbo vs. Airbnb: “Host-free” campaign and implied disparagement
  • 11:00 – Tempur-Pedic vs. Sleep Number: “Air mattress” claims
  • 18:00 – Blue Buffalo vs. Mars Petcare: Comparative claims and consumer perception
  • 21:30 – Key Takeaways: Humor isn’t a defense, keep it narrow, expect challenges
  • 22:10 – Closing & Season Wrap

Influencer Marketing Consumer Insights: What can lead to distrust?

Ad Watchers, ,

Podcast (adwatchers): Play in new window | Download (Duration: 26:14 — 36.1MB) | Embed

Subscribe: Apple Podcasts | RSS

In 2024, 82% of U.S. marketers used influencer partnerships in ad campaigns at a value of a whopping $24 billion. Influencer marketing is a key cornerstone of marketing campaigns, but how much do consumers trust influencers and influencer marketing? 

In this episode of Ad Watchers, hosts Annie and Eric are joined by Katie Goldstein of SuperAwesome to discuss recent data commissioned by the National Advertising Division to establish consumer trust in influencer advertising. The survey found that one of the biggest reasons for distrust in influencers is a lack of transparency and honesty about brand association and the disclosure of the connection to the brand. They dig into the data, discuss influencer best practices for brands, and learn about influencer trust as it relates to children. 

Key Takeaways:

00:00 Influencer marketing is a cornerstone of modern advertising.
05:48 Consumers expect transparency in influencer-brand relationships.
10:16 Younger demographics are more trusting of influencers but require clear disclosures.
17:09 AI in advertising poses potential risks for misleading claims.
23:02 Key Takeaways and Conclusion:

  • Parents should actively engage with their children’s online content.
  • Not all influencer content is harmful; some can be beneficial.
  • Brands need to align with influencers who share their values.
  • Transparency is crucial for building trust with younger audiences.
  • The FTC emphasizes the need for clear advertising disclosures to kids.
  • Understanding the content can lead to better conversations between parents and children.

Related Resources: