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ARTICLE · 30 APRIL 2025

Back To Basics: Recent NAD Cases Provide Primer On Common Claims And Practices

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Three recent NAD cases provide good reminders about some issues and claims that advertising lawyers regularly address.

United StatesMedia, Telecoms, IT, Entertainment

Three recent NAD cases provide good reminders about some issues and claims that advertising lawyers regularly address.

#1 claims

In this SWIFT case, a maker of household fans challenged claims by DREO, an appliance manufacturer. DREO claimed to be the "No. 1 Fan and Heater Brand in the U.S.," a claim the challenger disputed. The challenger claimed that relevant data from the market research company Circana, with data from both major online and brick and mortar retailers, showed that it was the clear market share leader, not DREO. DREO argued that its No. 1 claim was expressly limited to specific channels and timeframes, as stated in a disclosure, and in those channels and timeframes, it was the leader.

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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