Tag Archives: Ad Watchers

What’s the Recipe for a Proper Advertising Disclosure?



 

While it may seem like a niche issue to some, disclosures are something every advertising lawyer needs to know about. On this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the ‘Four Ps’ that advertisers must keep in mind when it comes to disclosures: prominence, presentation, placement, and proximity. Tune in to learn more about the ingredients you need for a properly disclosed advertising claim.

For more information about this episode, read the show notes here


What Does it Mean to Have a “Reasonable Basis” Standard?



Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of the factors that form the flexible framework for advertising law today.

For more information about this episode, read the show notes here


Episode Show Notes: So, Who’s Making These Advertising Rules?



Accountability Studios presents Ad Watchers—a unique podcast series brought to you by the National Advertising Division (NAD) of BBB National Programs. This podcast series provides listeners with behind-the-scenes access and insights into the nitty-gritty of advertising law. In its inaugural episode, hosts Hal Hodes and La Toya Sutton talk about the importance of consumer understanding.

The conversation begins with the dynamic duo teasing up the types of conversations listeners can expect to hear, defining their target listener, and highlighting their goals for the podcast series. As La Toya stated, ultimately, they “want to help the listener know what to do, and what to look for to ensure that their advertising is truthful and substantiated.”

In this episode, Hal and La Toya also answer the question, “who makes the rules.” They start by clarifying that NAD does not contribute to the rule-making process. Instead, they help apply the rules formulated by federal organizations and agencies like the Federal Trade Commission (FTC), Environmental Protection Agency (EPA), and similar entities.

Continue reading Episode Show Notes: So, Who’s Making These Advertising Rules?


So, Who’s Making These Advertising Rules?



In the Ad Watchers podcast series, National Advertising Division (NAD) attorneys Hal Hodes and La Toya Sutton break down common advertising practices to reveal the complexity of keeping claims truthful and accurate. In this first episode, the hosts talk about the guiding principle behind all NAD decisions: consumer understanding. Hal and La Toya discuss what it means to them to step into the shoes of the consumer and break down all of the factors that NAD takes into consideration during an advertising review that regulators (e.g., the FTC or FDA) may not.

For more information about this episode, read the show notes here.