ARTICLE
14 April 2025

The National Advertising Division

GA
Global Advertising Lawyers Alliance (GALA)

Contributor

With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
Join us as we spotlight select chapters of Venable's popular Advertising Law Tool Kit...
United States Media, Telecoms, IT, Entertainment

Join us as we spotlight select chapters of Venable's popular Advertising Law Tool Kit, which helps marketing teams navigate their organization's legal risk. Click here to download the entire Tool Kit.

For more than 50 years, the National Advertising Division (NAD) of the Better Business Bureau's National Programs has provided a self-regulatory system for resolving advertising disputes. It offers a cost-effective, voluntary alternative to litigation, allowing competitors to challenge advertising claims based on specific procedures.

NAD evaluates claims for truthfulness and substantiation, aligning with standards from agencies like the FTC, FCC, and FDA. Challenges are initiated via a letter outlining alleged false or misleading claims.

Both parties submit evidence and meet with NAD to clarify positions. NAD's final decisions may require claims to be modified or discontinued, with outcomes published in case reports.

While challenges are voluntary, non-compliance results in referrals to regulatory agencies. NAD ensures a fair process by placing the burden of proof on advertisers to substantiate claims.

To learn more about copyright counseling and protection, download the 13th edition of our Advertising Law Tool Kit. For more insights into advertising law, bookmark our All About Advertising Law blog and subscribe to our monthly newsletter.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More