Touting Your NAD Win To Consumers: Is It Worth It?

We blogged on this phenom not too long ago and were surprised to see it come up again so quickly. It is too early to call it a trend, but certainly not a one off. The Challenger promotes to business customers an NAD recommendation to modify or discontinue claims made by a competitor. And the Advertiser defends itself to the customers and allegedly misstating the NAD's decision. The NAD came out with dueling press releases criticizing both parties for failing to uphold their end of the participation agreement -- not using a decision for promotional purposes and not mischaracterizing the NAD's decision.

The underlying case involved a challenge of Generac Power Systems claims by Kohler. Kohler took issue largely with the green promises its rival was making about its standby household generator. (A product in the wake of Sandy is likely flying off the shelves regardless of the marketing efforts of the manufacturers.). As reported in the press release, Kohler told