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The Ad Watchers
The Ad Watchers episodes
- What Can Advertisers Learn from This Season’s Hot Topics?
From pharma and supplements, to pet products and AI, the same rule applies: advertisers need evidence that matches the claims.
In the Season 6 finale of Ad Watchers, attorneys from the National Advertising Division (NAD) revisit some of the season’s hottest advertising topics and examine a new round of cases involving pharmaceutical products, GLP-1 weight loss programs, supplements, contact lenses, pet products, and AI-enabled technology.
The episode highlights six recurring principles:
- Tailor claims to the evidence. Don’t make broader claims than your data supports.
- Substantiate health claims with reliable science. Health and wellness claims require appropriate scientific support.
- Context matters. Even promotional language can become an objective, measurable claim requiring evidence.
- Truthful claims can still mislead. NAD looks at the overall consumer takeaway, not just whether individual words are technically accurate.
- AI claims need AI-specific proof. Evidence must support what the technology itself can actually do, not just broader outcomes associated with its use.
The season finale offers advertisers practical examples of what is—and is not—working when NAD evaluates advertising claims across rapidly evolving industries.
Related Resources:
- National Advertising Division Annual Conference (New York, NY) – Register Now
- National Advertising Division Finds Certain Dupixent DUPIXENT Claims Supported; Recommends Sanofi Modify or Discontinue Other Claims
- National Advertising Division Recommends Noom Modify or Discontinue “A Smaller Dose. A Smarter Start” Claim for Microdose GLP-1RX Program
- National Advertising Division Recommends Nature’s Truth Modify or Discontinue Certain Magnesium Claims for Magnesium Glycinate Gummies
- National Advertising Division Finds Certain ACUVUE® Oasys Max Claim Supported; Recommends Modification or Discontinuation of Others
- National Advertising Division Finds Certain PetIQ Claims Supported; Recommends Other Comparative Claims Be Modified or Discontinued
- National Advertising Division Finds Certain SafelyYou Safety AI Claims Supported; Recommends Other Claims Be Modified or Discontinued
Chapters
00:00 – Welcome to the Ad Watchers Season 6 Finale
Introduces the final episode of the season and the National Advertising Division’s role in reviewing advertising claims and applying advertising law.01:23 – The Advertising Trends NAD Is Continuing to Watch
Revisits major Season 6 categories, including pharmaceuticals, infant products, pet care, financial services, and influencer advertising, and introduces new cases in several of those areas.01:54 – Dupixent Eczema Advertising Claims and Disclosures
Examines physician- and consumer-directed advertising for Dupixent, including claims around eczema control, clearer skin, inflammation, long-lasting results, itch relief, visual demonstrations, and disclosure requirements.06:10 – GLP-1 Microdosing Claims: Puffery or Objective Advertising?
Reviews the challenge involving Noom’s GLP-1 microdosing program and the phrase “a smaller dose, a smarter start,” including why connecting “smarter” to a measurable dosage benefit transformed the message into an objective claim requiring substantiation.The post What Can Advertisers Learn from This Season’s Hot Topics? appeared first on BBB National Programs.
24 min - How Are Rising Financial Pressures Impacting Advertising Claims?
With more consumers seeking debt relief and digital financial tools than ever before, claims about savings and financial outcomes are drawing increased attention from regulators, competitors, and self-regulatory bodies alike.
In this episode of Ad Watchers, attorneys from the National Advertising Division (NAD) break down recent cases involving debt relief providers and personal finance apps, exploring what advertisers need to know about substantiating savings claims, survey-based advertising, typical consumer results, and clear disclosures.
Tune in to learn how advertisers can better align their claims, evidence, and disclosures in the financial services marketplace.
Related Resources:
- National Advertising Division Finds Certain Chase Sapphire Claims are Puffery; Recommends JPMorgan Chase Modify or Discontinue Others
- NAD Recommends J.G. Wentworth Company Modify its ‘Cash Now’ Claims to Clearly and Conspicuously Disclose Material Information about Timing of Payment
- National Advertising Division Recommends Cash App Financial Services Platform Discontinue or Modify Megan Thee Stallion Video About Investing
- National Advertising Division Recommends Guideline Modify or Discontinue “#1” and “Most Popular” 401(k) Claims
- National Advertising Division Recommends Guideline Clarify Annual Recurring Revenue Claim
- National Advertising Division Finds Certain Guideline 401(k) Claims Supported; Recommends Others Be Modified or Discontinued
- National Advertising Division Finds Certain Vestwell “Annual Recurring Revenue” Disclosures Sufficient; Recommends Modification to Disclose Methodology
- National Advertising Division Recommends National Debt Relief Modify Certain Debt Settlement Services Claims
- National Advertising Division Recommends Monarch Money Discontinue Certain Money Management Influencer Claims
Enjoyed this episode? Get caught up on past seasons of Ad Watchers and subscribe to never miss an episode.
Chapters:00:51 – Rising prices and financial pressure
Introduces consumer anxiety surrounding higher everyday costs, debt, bill payments, and saving for the future.
01:40 – Financial product advertising and self-regulatory cases
Sets up the episode’s focus on financial products, NAD monitoring cases, competitor challenges, and recurring advertising disputes.
10:06 – Debt settlement advertising and vulnerable consumers
Explains why debt relief advertising receives heightened scrutiny and introduces concerns about program qualifications and material limitations.
10:37 – How debt settlement programs work
Reviews unsecured debt, third-party accounts, creditor negotiations, client approvals, fees, and the time required to complete a program.
11:47 – National Debt Relief claims, timelines, and disclosures
Examines claims about financial stability, 24-to-48-month results, savings percentages, unsecured debt limitations, and clear disclosures.
13:12 – Accredited Debt Relief and typical consumer experience
Covers claims about cutting payments in half, reducing total debt by 50%, and becoming debt-free in as little as 12 months.
15:25 – Debt settlement advertising takeaways
Explains how advertisers can present debt and payment reductions without overpromising and where material limitations should appear.
15:46 – Monarch Money and financial app claims
Introduces the budgeting app and its claims about savings, financial clarity, partner conversations, and control over finances.
17:12 – Survey design and the $200 monthly savings claim
Looks at sample design, the missing “don’t know” option, ambiguous survey language, and the need for claim-specific evidence.
18:14 – Couples, control, and unsupported survey claims
Explains why single-user data could not support a couples claim and why the survey did not adequately support the financial-control claim.
19:01 – Chase Sapphire and “most rewarding” credit card claims
Examines when “most rewarding” is puffery, when it communicates a measurable superiority claim, and how Chase calculated the value of its card benefits.
22:55 – Final takeaways on reliable data and clear disclosures
Ends with guidance to match claims to reliable evidence, understand the target audience, and disclose material limitations clearly and conspicuously.
The post How Are Rising Financial Pressures Impacting Advertising Claims? appeared first on BBB National Programs.
25 min - 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.
28 min - 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 overviewIntroduces 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 nutritionCovers Kendall Mill claims around natural ingredients, clean formula messaging, and comparative nutrition support.05:37 – Cognitive development and European sourcing claimsLooks at MFGM, whole milk, breast-milk comparisons, and European-origin symbolism on packaging.12:23 – Formula savings and affordability claimsExamines savings claims for hypoallergenic infant formula and where broader equivalence messaging went too far.15:06 – Diaper fit, absorbency, and biodegradable claimsReviews 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 messagingCovers number-one wipe claims, clinically proven language, and implied safety or superiority messaging in wipes advertising.23:25 – Smart baby monitor claims and category expansionExplores 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 monitorsBreaks down claims about cry translation, emotion detection, and AI-supported device functionality.30:30 – Safety claims and COPPA issues in connected infant productsCovers strong safety messaging, detection limitations, and COPPA-related review of connected infant products.32:00 – Final takeaways on vulnerable audiences and substantiationEnds 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.
35 min - Are pet product claims more marketing than reality?
Ad Watchers: Are pet product claims more marketing than reality?
Pet product advertising is facing increased scrutiny, and recent National Advertising Division (NAD) cases highlight why precision in claims matters.
In this episode of Ad Watchers, NAD attorneys break down key cases involving “human-grade” pet food, ingredient and comparative claims, savings messages, Made in USA qualifications, and common issues like puffery and odor or stain elimination claims.
The episode underscores a critical point for advertisers: substantiation standards apply just as rigorously to pet products as they do to products for humans.
Related Resources:
- NAD Case #7546: Freshpet, Inc.
- NAD Case #7360: POOPH Pet Odor & Stain Eliminator
- NAD Case #7378: PetIQ NextStar Flea & Tick Topical
Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.
The post Are pet product claims more marketing than reality? appeared first on BBB National Programs.
23 min - What Can Brands Say About Health Without Crossing the Line?
In this episode, the National Advertising Division (NAD) examines the rapid rise in pharma and health-related cases—now a significant and growing share of its docket. The conversation explores some of today’s most closely scrutinized issues, including GLP-1 and compounded drug claims, and a wide variety of health claims from eczema to plantar fasciitis, as well as strikethrough pricing and endorsement disclosures.
This episode offers a timely look at how self-regulation is shaping industry practices through its wide-ranging guidance amidst increasing legal and regulatory pressure.
Related Resources:
- NAD Case #7455: Galderma Laboratories, L.P.
- NAD Case #7489: Agendia, Inc.
- NAD Case #7534: Midi Health, Inc.
- NAD Case #7518: Fletcher Family Medical
- NAD Case #7430: The Good Feet Store
Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.
The post What Can Brands Say About Health Without Crossing the Line? appeared first on BBB National Programs.
25 min - 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.
24 min - 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.
27 min - Time for a Health Claims Checkup?
Health-related advertising claims are held to a higher standard of proof than other claims. For health-related claims, a “reasonable basis” requires advertisers to provide competent and reliable scientific evidence (CARSE). In this episode, your hosts Annie and Eric dig into the weeds of National Advertising Division cases on GLP-1, claims that certain foods could “boost brain health,” performance claims like “live longer” and “jump higher,” and other drug and dietary supplement claims, including those targeted to creating a “calm mood” in children.
Key Takeaways
00:00 Introduction to the National Advertising Division
00:56 Health Claims Overview02:22 Regulatory Guidance on Health Claims05:17 Competitor Challenges in Health Claims08:38 Nutritional Claims and Evidence11:31 Dietary Supplements and Drug Claims14:24 Case Studies on Dietary Supplements15:46 Advertising to Different Audiences19:07 Claims in Sports Performance Products22:26 Pain Relief Products and Evidence23:51 Oral Care Products and Claims28:36 Final Tips and ConclusionThe post Time for a Health Claims Checkup? appeared first on BBB National Programs.
31 min - Expanding Knowledge of Soft Law – What is CISR?
The U.S. advertising industry founded the National Advertising Division (NAD) to build consumer trust in advertising and support fair competition in the marketplace. Through this soft law model, responsible brands voluntarily discontinue or modify challenged misleading ad claims. In this era of deregulation, industry leaders can learn from the advertising industry and keep moving forward even if government does not.
In this episode of Ad Watchers, hosts Annie and Eric talk with Howard Smith, the Executive Director of the Center for Industry Self-Regulation (CISR), a charitable non-profit that is working to educate industries on the power of soft law. Howard discusses the current landscape, the call to action for business leaders to embrace industry self-regulation models for addressing systemic industry challenges, and how CISR is working on an education intuitive that will help provide a long-term solution.
Related Resources:
- CISR’s Research Center
- Curriculum for Law, Business, and Public Policy Schools
- CISR’s Incubator for New Ideas
The post Expanding Knowledge of Soft Law – What is CISR? appeared first on BBB National Programs.
25 min
About The Ad Watchers
From the publisher's feed
Join National Advertising Division attorneys on this podcast as they explore advertising claims and what it means to put them to the truthfulness test.