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ARTICLE · 20 AUGUST 2024

NAD Decision Considers "As Seen In" Claims

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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LegalZoom has a box on its website with the title "As Seen In" followed by the logos of five publications that have featured its services.

United StatesMedia, Telecoms, IT, Entertainment

LegalZoom has a box on its website with the title "As Seen In" followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate relationship with some of those publications, it needs to disclose its connections to them in order to comply with the FTC's Endorsement Guides. LegalZoom argued that mere press mentions don't qualify as endorsements and, therefore, that a disclosure isn't required.

NAD looked to the Endorsement Guides and noted that the term "endorsement" is broadly defined as "any advertising, marketing, or promotional message for a product that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser, even if the views expressed by that party are identical to those of the sponsoring advertiser." The Endorsement Guides go on to say that "the name or seal of an organization can

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