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Law School Exam Part 4: Is There A Difference Between “Appealing” and “Beautiful”?

USA - December 10 2018 NAD cases tell us that determining whether a statement is puffery or a claim requiring substantiation is more art than science. And whether a...


False Advertising Claims Trump Again

USA - December 8 2018 As readers of this blog know, I often cover cases that deal with the interplay between regulatory compliance and false advertising. Notwithstanding...


It's Doctor Recommended! Or is it?

USA - December 6 2018 Two cases this week - one from the FTC and one from NAD - deal, in part, with doctor recommended claims. In the NAD case, the advertiser, Capillus Inc...


Copycat Claim Fails

USA - December 3 2018 TrustID, a caller ID service, brought an action in the district court of Delaware against its competitor, Next Caller Inc., alleging trade secret...


Here Comes the Sun!

USA - December 2 2018 The National Advertising Division (NAD) has issued two decisions recently concerning advertising for dietary supplements that purport to provide skin...