The Ad Watchers

BBB National Programs

Join National Advertising Division attorneys on this podcast as they explore advertising claims and what it means to put them to the truthfulness test.

Episodes

  1. Jul 9

    What makes an influencer trustworthy?

    Influencer marketing is now a major part of the advertising landscape, but questions around disclosures, sponsored content, material connections, and misleading claims continue to create challenges for brands, agencies, creators, and consumers. In this episode of Ad Watchers, our hosts speak with Jennifer Santos about the Institute for Responsible Influence, an initiative designed to help creators and brands better understand responsible advertising practices. The conversation covers IRI’s certification program, FTC endorsement requirements, disclosure best practices, creator education, monitoring, accountability, and the growing global conversation around influencer self-regulation. The episode highlights a key takeaway for advertisers and creators: responsible influence is not just about compliance. It is also about transparency, credibility, and building consumer trust in influencer marketing. Related Resources: Institute for Responsible Influence / Responsible Influence Certification Program Influencer Marketing Consumer Insights: What can lead to distrust? National Advertising Division FTC Endorsement Guides Influencer Trust Index Enjoyed this episode? Get caught up on past seasons of Ad Watchers and subscribe to never miss an episode. Chapters: 00:00 – Welcome and episode introduction Introduces Ad Watchers and frames the episode around influencer advertising, material connection disclosures, and NAD’s ongoing interest in influencer marketing. 01:57 – Introducing the Institute for Responsible Influence Explains the Center for Industry Self-Regulation’s Institute for Responsible Influence and its goal of promoting transparency and consumer confidence in advertising. 03:08 – Why IRI was created Covers how IRI grew out of concerns around misinformation, undisclosed sponsorships, misleading claims, and lack of awareness around advertising standards and FTC guidance. 04:14 – Responsible Influence Certification Program Introduces the 90-minute certification program designed to educate creators on responsible advertising practices. 06:08 – How creators, brands, agencies, and consumers benefit Explains how the program helps creators understand rules, helps brands identify responsible partners, and gives consumers more transparent and truthful content. 08:01 – Certification process and requirements Breaks down the training modules, assessment, annual renewal, best practices pledge, and certification seal. 10:00 – Early response and global momentum Discusses positive response from the creator ecosystem and how responsible influence certification is becoming part of a broader global conversation. 12:16 – Beauty, health, and wellness influencer marketing Looks at industries that have been especially receptive to IRI, including beauty and health and wellness, where trust and influencer engagement are especially important. 14:58 – Monitoring and accountability for certified creators Explains how IRI monitors certified creators’ public content and provides guidance when potential issues arise. 18:24 – Common education gaps for influencers and brands Covers major areas where more education is needed, including material connections, disclosure requirements, intellectual property, and shared responsibility between brands and creators. 22:39 – Ongoing obligations for certified creators Explains that certification is not a one-time exercise; creators must continue applying responsible influence principles in future content and brand partnerships. 23:50 – Building consumer awareness of the certification seal Discusses the long-term goal of helping consumers recognize the certification seal as a signal of responsible advertising practices. 26:48 – The future of influencer self-regulation Looks ahead to the creator council, certified creator database, vertical-specific trainings, and broader collaboration across the creator economy. 31:14 – Final takeaway: consumer trust and responsible influence Recaps the importance of training, clear rules of the road, material connection disclosures, and building consumer trust through responsible influencer marketing. The post What makes an influencer trustworthy? appeared first on BBB National Programs.

  2. Jun 2

    How Should Brands Advertise Infant Care Products Without Overpromising?

    With heightened consumer expectations around safety, transparency, and performance, infant care brands face growing pressure to ensure their advertising claims are properly supported. In this episode of Ad Watchers, NAD attorneys explore the evolving and innovative landscape of infant care marketing, from infant formula and diapers to AI-powered baby monitors and bassinets. Learn about recent cases and ensuring vulnerable audiences fully understand the benefits and limitations of advertised products in this multidimensional category. Related Resources: NAD Case #7422: Kendal Nutricare Limited Appeal: NARB Case #7422-342: Kendal Nutricare Limited NAD Case #7347: Kendamil Infant Formula Packaging  NAD Case #7098: Perrigo Company plc NAD Case #7248: Kimberly-Clark Inc. NAD Case #7376: Rascals International Limited NAD Case #7064: WaterWipes NAD Case #7086: WaterWipes NAD Case #7544: UdiSense, Inc. (Nanit) NAD Case #7485: Dorel Juvenile Group, Inc. NAD Case #7486: ADC Solutions USA, LLC d/b/a Horizon Brands, LLC Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode. Chapters: 00:00 – Welcome and infant care case overview Introduces the episode’s focus on infant formula, diapers and wipes, monitors, bassinets, and related infant-care product claims. 02:26 – Infant formula claims: natural, clean, and comparative nutrition Covers Kendall Mill claims around natural ingredients, clean formula messaging, and comparative nutrition support. 05:37 – Cognitive development and European sourcing claims Looks at MFGM, whole milk, breast-milk comparisons, and European-origin symbolism on packaging. 12:23 – Formula savings and affordability claims Examines savings claims for hypoallergenic infant formula and where broader equivalence messaging went too far. 15:06 – Diaper fit, absorbency, and biodegradable claims Reviews best-fitting diaper claims, quantified absorbency claims, and the need to qualify biodegradable messaging under the FTC Green Guides. 20:24 – Baby wipes claims and diaper-rash messaging Covers number-one wipe claims, clinically proven language, and implied safety or superiority messaging in wipes advertising. 23:25 – Smart baby monitor claims and category expansion Explores number-one baby monitor and number-one smart baby monitor claims and how NAD viewed the broader monitor category. 26:31 – AI bassinets and AI-powered baby monitors Breaks down claims about cry translation, emotion detection, and AI-supported device functionality. 30:30 – Safety claims and COPPA issues in connected infant products Covers strong safety messaging, detection limitations, and COPPA-related review of connected infant products. 32:00 – Final takeaways on vulnerable audiences and substantiation Ends with the importance of narrowly tailoring claims, especially in infant care and green-claims contexts. The post How Should Brands Advertise Infant Care Products Without Overpromising? appeared first on BBB National Programs.

  3. 09/10/2025

    In Your Face – Where do you draw the line with denigration?

    It is common for advertisers to engage in a little healthy competition, directly comparing their products to a competitor’s to inform consumers about the differences between them. But what happens when things get mean? It crosses the line when denigrating claims are false.  The National Advertising Division’s (NAD) mission is to ensure that consumers are getting accurate advertising, to enhance trust in the marketplace. In this final episode of the season, hosts Annie and Eric discuss denigrating claims cases that have come before NAD and how our advertising lawyers break down when a line has been crossed. Tune in to learn practical lessons for advertisers, lawyers, and marketing teams navigating competitor claims. Related Resources: 2025 NAD Annual Conference – register now! Goose Creek Candles “Bath, Body & Home” Genexa Kids Pain Medicine Molson Coors “Tastes Like Water” Welch’s Fruit Snacks Vrbo Host-Free Claims Tempur-Pedic Flimsy Mattresses Dollar Shave Club Parity AT&T’s DirectTV Blue Buffalo Competing Pet Foods Chapters 00:00 – Intro & NAD Conference Reminder 02:00 – Defining Denigrating Advertising 03:00 – Goose Creek vs. Bath & Body Works: “Harmful chemicals” claims 05:00 – Genexa vs. Johnson & Johnson: Ingredient comparisons gone wrong 09:50 – Vrbo vs. Airbnb: “Host-free” campaign and implied disparagement 11:00 – Tempur-Pedic vs. Sleep Number: “Air mattress” claims 18:00 – Blue Buffalo vs. Mars Petcare: Comparative claims and consumer perception 21:30 – Key Takeaways: Humor isn’t a defense, keep it narrow, expect challenges 22:10 – Closing & Season Wrap The post In Your Face – Where do you draw the line with denigration? appeared first on BBB National Programs.

  4. 08/06/2025

    Influencer Marketing Consumer Insights: What can lead to distrust?

    In 2024, 82% of U.S. marketers used influencer partnerships in ad campaigns at a value of a whopping $24 billion. Influencer marketing is a key cornerstone of marketing campaigns, but how much do consumers trust influencers and influencer marketing?  In this episode of Ad Watchers, hosts Annie and Eric are joined by Katie Goldstein of SuperAwesome to discuss recent data commissioned by the National Advertising Division to establish consumer trust in influencer advertising. The survey found that one of the biggest reasons for distrust in influencers is a lack of transparency and honesty about brand association and the disclosure of the connection to the brand. They dig into the data, discuss influencer best practices for brands, and learn about influencer trust as it relates to children.  Key Takeaways: 00:00 Influencer marketing is a cornerstone of modern advertising. 05:48 Consumers expect transparency in influencer-brand relationships. 10:16 Younger demographics are more trusting of influencers but require clear disclosures. 17:09 AI in advertising poses potential risks for misleading claims. 23:02 Key Takeaways and Conclusion: Parents should actively engage with their children’s online content. Not all influencer content is harmful; some can be beneficial. Brands need to align with influencers who share their values. Transparency is crucial for building trust with younger audiences. The FTC emphasizes the need for clear advertising disclosures to kids. Understanding the content can lead to better conversations between parents and children. Related Resources: 2025 Influencer Trust Index Children’s Advertising Review Unit (CARU) CARU COPPA Safe Harbor Program CARU Pre-Screening Services The post Influencer Marketing Consumer Insights: What can lead to distrust? appeared first on BBB National Programs.

  5. 05/06/2025

    5 Years of SWIFT – Does it meet the need for speed?

    A single-issue ad law case does not mean it is not an important issue. For the last 5 years, the Fast-Track SWIFT filing track has addressed the increasing speed of online campaigns and the demand for the challenge process to keep pace, issuing decisions within 20 days of the challenge. In this episode of Ad Watchers, hosts Annie and Eric discuss the rapid rise in single-issue advertising NAD challenges, a 3-fold increase in the last three years, and outline the types of cases seen, such as disclosure and #1 claims. Related Resources: Fast-Track SWIFT National Advertising Division Finds ‘Verizon Is the Number One Network Choice in Public Safety’ Claim in Verizon Frontline Commercial Supported National Advertising Division Recommends DREO Limited Discontinue “#1 Brand” Claims for its Fans and Heaters National Advertising Division Recommends Tempur-Pedic Discontinue Disparaging Claims Against Sleep Number National Advertising Review Board Recommends that Perrigo Discontinue ‘#1 Brand of Flossers’ Claims for its Plackers Brand Dental Floss Products National Advertising Division Finds T-Mobile’s Claim that it is the First and Only Wireless Provider to Partner with Starlink Supported In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim  National Advertising Division Recommends Oral Essentials Discontinue “Enamel Safe” Claim for Lumineux Whitening Mouthwash The post 5 Years of SWIFT – Does it meet the need for speed? appeared first on BBB National Programs.

  6. 04/09/2025

    The Ad Law Trend Report – What were 2024’s hot topics and trends?

    The National Advertising Division (NAD) Annual Report provides a comprehensive look at the year’s ad law trends and hot topics, from influencers to AI to reviews and rankings.  To kick off a new season of Ad Watchers, hosts Eric and Annie provide insights from the 2024 Annual Report and discuss what’s next in the year ahead, along with some timely best practices for advertisers.  Annie and Eric discuss the report, highlighting key trends in advertising law, including the rise of influencer marketing, AI challenges, and comparative claims. They emphasize the importance of compliance in health and safety claims and preview upcoming events, including the 2025 NAD conference. Key Takeaways: NAD has over 50 years of experience in advertising law. The annual report reveals significant trends in advertising disputes. Fast-Track SWIFT filings have increased by 50% since 2023. Influencer marketing cases are on the rise, especially in beauty. AI-related advertising issues are becoming more prevalent. Comparative claims continue to be a major focus for NAD. Health claims require competent and reliable scientific evidence. NAD is seeing new product categories and challenges. The 2025 NAD conference will be held in September in Washington, D.C. Chapters: [00:00] Introduction to NAD and Advertising Law [02:12] Annual Report Insights and Trends [07:29] Influencer Marketing and AI Challenges [12:11] Comparative Claims and Industry-Specific Cases [17:03] Health and Safety Claims in Advertising [19:29] Looking Ahead: NAD Conference and Future Trends The post The Ad Law Trend Report – What were 2024’s hot topics and trends? appeared first on BBB National Programs.

Ratings & Reviews

5
out of 5
2 Ratings

About

Join National Advertising Division attorneys on this podcast as they explore advertising claims and what it means to put them to the truthfulness test.