Imagine your client comes to you complaining about a competitor's nationwide
advertisement that she believes is false. What are your options? Sue
in federal court? A false advertising suit in federal court avails you to
economic remedies as well as possible injunctive relief, but such cases can take
years and be very expensive. Seek help from the Federal Trade Commission
(FTC)? FTC involvement certainly has a big impact, but the FTC's
involvement is entirely voluntary and the agency is often slow to react to
Take your case before the National Advertising Division (NAD)? If the
goal is an immediate halt to a false or misleading advertising campaign,
particularly if damages are not a primary concern, bringing a claim before NAD
may present the best course of action.
In this program, we will outline the basics of how NAD proceedings work, what
to expect, and tips to increase the chance of a successful outcome.