.svg?rev=a492cc1069df46bdab38f8cb66573f1c&hash=2617C9FE8A7B0BD1C43269B5D5ED9AE2)
Blog Post
Claiming that your product is “#1” in its category can be highly impactful, but as illustrated by the National Advertising Division (NAD) Case #7544, it can also lead to competitor or regulatory challenges when not properly supported.
In Case #7544, Owlet challenged Nanit’s social media advertising describing its Wi-Fi-connected baby monitor as the “#1 smart baby monitor” and the “#1 baby monitor” without any qualification or citation to supporting sales data in proximity claims. Owlet challenged these claims on the basis that Nanit could not provide the requisite sales data to support them. The challenge was accepted for NAD’s Fast-Track SWIFT process because it “did not require the review of complex evidence or argument”.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.
