NAD/NARB Rule Changes Announced At NAD Law Conference

As we continue to blog from the NAD/CARU Annual Advertising Law Conference, there was big news about significant changes to the NAD challenge and review process, which will be reflected in changes to their existing procedures. The changes arise from a review of the self-regulatory process and a resulting report done through the ABA Antitrust Section and its Consumer Protection and Alternative Disputes and Litigation Committees. While the report overwhelmingly concluded that the NAD process generally works very well, there were some findings and recommendations for change. A summary of the changes is below, and they are far more than modest tweaks to the process:

1. NAD will initiate a scheduling process at the beginning of each competitive challenge case. Eventually there may be Rule changes around scheduling and new procedures around a formal scheduling process.