NAD's SWIFT Disclosure Track Commands Respect At A Bargain

NAD has amended its SWIFT track processes and procedures multiple times since its inception in an effort to make sure the process is fair yet efficient. While it met with some nontrivial resistance from industry at its inception, it has become incredibly popular, with about a quarter to a third of NAD's docket now consisting of these single-issue cases where a challenger can get a decision in a month's time. One of the tweaks NAD added was two different SWIFT track options – a regular SWIFT track for single-issue facial advertising cases and a second lower-cost option for cases where the sufficiency of a disclosure is contested. We have not seen a lot of these latter cases despite the modest price tag – an $11,200 filing fee for 2025. Our working theory was that for most advertisers, the juice was just not worth the squeeze to bring such a case. But that may be changing. We were fascinated to read the recent decision in a case brought by Mielle Organics against Kreyol