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ARTICLE · 16 APRIL 2013

Dodging NAD Challenge Is Not Childsplay

Per its own rules the NAD must close an investigation if it learns that the advertising at issue was permanently discontinued prior to the start of the challenge, and the advertiser assures NAD that the challenged claims will not be used in future.

United StatesMedia, Telecoms, IT, Entertainment

Per its own rules the NAD must close an investigation if it learns that the advertising at issue was permanently discontinued prior to the start of the challenge, and the advertiser assures NAD that the challenged claims will not be used in future.  When an NAD challenge issues, assuming the challenged ads are still in use, an advertiser takes a hard look at these claims when preparing to defend them.  And there are choices to make: whether to discontinue voluntarily claims an advertiser believes the NAD may not find adequately substantiated or hold firm and defend the claims and see what decision is handed down.  With the former choice, sometimes the advertiser can avoid a lengthy NAD discussion of the claims and get a decision that details the voluntary cessation of the claims with a short conclusion that NAD appreciated the changes that NAD deems "necessary and proper".

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