Have Something To Add? The NAD Updates Evidentiary Procedures

The National Advertising Division of the Better Business Bureau ("NAD") recently announced updates to its procedures. The change was announced by the Director of the NAD, Laura Brett, at the NAD's Annual Conference and is the self-regulatory body's response to a recommendation from the ABA Antitrust Section's Working Group.

The new procedural process is codified in sections 3.8-3.9 of The Advertising Industry's Process of Voluntary Self-Regulation (available here). In sum, the change comes into play when the NAD reaches a decision that an advertiser's claim must be discontinued. Previously, a case could be re-opened only in "extraordinary circumstances" but under the updated procedures, new evidence to support a claim can be grounds for re-opening a case.