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ARTICLE · 13 AUGUST 2026

NAD Reviews Sharp Language In Pricing Claims (Podcast)

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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What separates aggressive comparative advertising from misleading pricing claims? A recent NAD decision involving Harry's and Gillette examines when brands can rely on regular retail prices versus promotional discounts, and how far marketers can push provocative language like "you're getting ripped off" without crossing legal boundaries.

United StatesConsumer Protection
Gonzalo E.  Mon
Gonzalo E. Mon

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What’s the difference between hard-hitting marketing and misleading pricing claims? In this episode, we unpack a recent NAD decision involving Harry’s and Gillette that explores the boundaries of comparative advertising, including when advertisers can rely on regular retail prices instead of temporary promotional discounts and how far they can go with aggressive language like “you’re getting ripped off.” The decision reinforces that comparative pricing claims must be grounded in prices consumers regularly pay, while also signaling that sharp, hyperbolic rhetoric may be permissible when it doesn’t cross the line into false or misleading advertising. For brands engaged in competitive marketing, the case offers valuable guidance on striking the right balance between persuasive messaging and legal compliance.

Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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