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ARTICLE · 30 JULY 2020

Despite Advertiser's Objection, NAD Determines Comparative Claim Is Appropriate For SWIFT Proceeding

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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In the newest batch of opinions issued under its fast-track process, NAD evaluated whether the claim "a better performing bar . . . for sustained energy" was appropriate for the SWIFT expedited track.

United StatesMedia, Telecoms, IT, Entertainment
Jordyn Eisenpress
Jordyn Eisenpress
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In the newest batch of opinions issued under its fast-track process, NAD evaluated whether the claim "a better performing bar . . . for sustained energy" was appropriate for the SWIFT expedited track.

Kind LLC challenged Clif Bar & Co. over a single claim for Clif Energy Bars that appeared in Google Ads search results. Kind argued that the claim expressly compared the performance of Clif Bars to Kind and other energy bars and therefore must be supported by proper product testing.

Notably, Clif objected to Kind's use of the fast track process, arguing that the claim was "too complex to be resolved in SWIFT because whether the word 'better' conveys a comparative performance message . . . or is merely an expression of the advertiser's opinion of its product, requires expert testimony and possibly a consumer perception survey, all of which could not be obtained within the SWIFT timeline."

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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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