Advertising Self-Regulation
Promoting truthful, transparent, responsible advertising through self-regulation, monitoring, and enforcement
Businesses that advertise and market their products and services need to commit to truthful and responsible advertising, allowing consumers to make informed choices and companies to build and nurture valuable consumer relationships.
To learn more about our work—and to join in the effort—please check out the programs, initiatives, and resources below.
Our Programs
50 Years of Advancing Responsible Child-Directed Marketing & Privacy
For the last 50 years, companies marketing to children have held each other to a higher standard. In 1974, the Children’s Advertising Review Unit (CARU) was established as the U.S. mechanism of independent self-regulation for protecting children under age 13 from deceptive or inappropriate advertising.
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NAD 2024: Charting the Global Future of Ad Law
September 16-17, 2024 in New York City
Advertising Guidance
Since the creation of the National Advertising Division (NAD) in 1971, the advertising industry has supported high standards for truth and transparency through a comprehensive system of independent industry self-regulation programs.
Those programs enforce high standards of truth and accuracy in national advertising and ensure that advertising to children is not misleading or inappropriate. Beyond formal guidance, each of our case decisions contain real-world guidance on important advertising issues that attorneys can leverage for their clients and marketing professionals can follow to avoid advertising substantiation problems. Access summaries of all decisions in our Case Decision Summary library. Subscribe to the Online Archive for the full text of all decisions.
As the advertising landscape continues to evolve, we adapt our programs to the challenges posed by new products, new industries, and new advertising technology.
Truth in Advertising 101
Our educational resource library of tips, videos, and guidance shares advertising law basics, including defining common terms like ‘puffery,’ and how to draw the line between truthful and misleading advertising.
Endorsements & Testimonials
What is the proper way to use endorsements and testimonials in advertising, while staying truthful and out of the crosshairs of NAD and the FTC?
Puffery
Why don’t exaggerated or boasting claims made in advertising, known as puffery, require a reasonable basis of evidence?
Express and Implied Claims
What is the difference between an express or implied claim and does an advertiser need to have evidence to support both?
Process
Our advertising programs uphold standards for truthful and responsible advertising and responsible targeted advertising data collection practices through:
- independent monitoring;
- competitor challenges; and
- corporate commitments to voluntary standards.
Though competitor advertising challenges, business can play a significant role in building trust with consumers and supporting fair competition in the marketplace.
NAD Fast-Track SWIFT: The Process
NAD Standard Track: The Process
NAD Complex Track: The Process
About Fast-Track SWIFT (Video)
Reports
The expansion of industry self-regulation programs across industries, most recently with the direct selling and dietary supplement industries, demonstrates how this voluntary system can be a proactive solution to emerging industry challenges.
Recent Case Decisions
National Advertising Division Finds Flag Image on Kendamil Infant Formula Packaging Conveys Supported Message about Products’ Origin
New York, NY – July 17, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division determined that use of a flag image on product packaging for Kendal Nutricare’s Kendamil infant formula reasonably conveys a supported message about the products’ origin.
In National Advertising Division Case, GuruNanda Voluntarily Discontinues Claims Made through Influencers for Coconut Pulling Oil Products
New York, NY – July 16, 2024 – The National Advertising Division has closed a Fast-Track SWIFT challenge regarding claims that GuruNanda’s coconut pulling oil products can “naturally reverse a cavity” and “reverse cavities.”
AT&T Appeals National Advertising Division Recommendation to Discontinue or Modify Claim that Supplemental Coverage from Space is Presently Available
New York, NY – July 11, 2024 – In a Fast-Track SWIFT challenge brought by T-Mobile, the National Advertising Division recommended that AT&T Services, Inc. discontinue or modify the claim that its Supplemental Coverage from Space (SCS) is presently available to consumers.
In Two Fast-Track SWIFT Cases, National Advertising Division Recommends CoStar Discontinue Certain Claims for Homes.com Website
New York, NY – July 9, 2024 – In two Fast-Track SWIFT challenges brought by Move, Inc., the National Advertising Division recommended CoStar Group discontinue certain claims relating to the volume of traffic to CoStar’s website, Homes.com.
BBB National Programs provides summaries of all case decisions in the Case Decision Summary library. For the full text of National Advertising Division, National Advertising Review Board, and Children’s Advertising Review Unit decisions, subscribe to the Online Archive. Other case decisions are available publicly: Direct Selling Self-Regulatory Council and Digital Advertising Accountability Program. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.
Filtered Case Feeds
Online Archive
Gain access to all BBB National Programs full legal decisions in the Online Archive, a unique and valuable resource that provides years of insightful guidance and in-depth knowledge on important advertising issues. Learn more about the Online Archive.
The full text of some case decisions are available publicly: Direct Selling Self-Regulatory Council and Digital Advertising Accountability Program. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.
Latest Announcements
BBB National Programs Issues Compliance Warning for Use of AI in Child-Directed Advertising and Data Collection
McLean, VA – May 1, 2024 – BBB National Programs’ Children’s Advertising Review Unit (CARU) today issued a new compliance warning on the application of CARU’s Advertising and Privacy Guidelines to the use of Artificial Intelligence (AI), putting advertisers, brands, endorsers, developers, toy manufacturers, and others on...
BBB National Programs Announces 98 Distinguished Panel Pool Members for 2024 National Advertising Review Board
McLean, VA – January 9, 2024 – BBB National Programs today announced the 98 panel pool members of the 2024 National Advertising Review Board (NARB), the appellate body for the U.S. advertising industry’s system of self-regulation.
BBB National Programs Unveils New Guardrails for Child-Directed Advertising & Privacy in the Metaverse
McLean, VA – October 3, 2023 – BBB National Programs’ Children’s Advertising Review Unit (CARU) today released new Guardrails for Child-Directed Advertising and Privacy in the Metaverse, a set of realistic, actionable recommendations and best practices intended to help companies develop metaverse experiences directed to children,...
BBB National Programs Announces 91 Distinguished Panel Pool Members for 2023 National Advertising Review Board
McLean, VA – January 10, 2023 – BBB National Programs today announced the 91 panel pool members of the 2023 National Advertising Review Board, the appellate body for the U.S. advertising industry’s system of self-regulation, selected for their stature and experience in their fields.
Resources
National Advertising Division FAQs
National Advertising Review Board FAQs
CFBAI Uniform Nutrition Criteria
Breaking Down Greenwashing in Advertising
The 4A’s resource, Greenwashing and Advertising: What Your Agency Needs to Know When Making Environmental Claims provides an outline of the rules around making environmental advertising claims and how the National Advertising Division (NAD) and others are helping to regulate them. In the past decade, NAD cases involving environmental claims in advertising have been on the rise. NAD vice president Laura Brett said “Once you see something become a priority for consumers, the response of course is for the industry to offer products that meet that demand, and I think that is why we have seen an increase in challenges to environmental claims, a high-profile issue that a lot of consumers are concerned about.”
Events
Happi & Nutraceuticals World Wellness Conference & Tabletop Exhibition
NAD 2024: Charting the Global Future of Ad Law
ACI's Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Products
2024 ACC Annual Meeting