Trust The Process? The Challenger's Perspective to Policing Competitors' Advertising Claims

March 19, 2019

Executive Summary

The options for challenging competitors' claims are well known: Lanham Act litigation, complaints to federal or state regulators, and NAD challenges. However, with litigation costs limiting Lanham Act challenges to the most-critical issues and government action infrequent on purely competitive matters, self-regulation is often the best bet. Yet in 2018, challengers at NAD have become increasingly frustrated by advertisers' refusal to participate in the process or comply with decisions, resulting in more cases are being appealed to NARB than ever before. Why should challengers trust the process? The panel will discuss trends at NAD, the impact of recent changes to ASRC procedures, proposals for continued improvement, and the advertiser's responsibility when it comes to building trust in industry self-regulation.

John E. Villafranco
Kelley Drye & Warren LLP

Luis-Xavier Hernandez
Global General Counsel - Marketing, R&D, and Professional Services

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