How to Stop False Advertising Without Filing a Federal Lawsuit

Intellectual property attorneys Olivia Clavio and Joe Carrafiello coauthored an article for the Indiana Lawyer titled “How to Stop False Advertising Without Filing a Federal Lawsuit.” 

The authors discuss how in lieu of filing a lawsuit, which can be expensive and time-consuming, companies seeking to address false advertising claims can instead turn to the National Advertising Division (NAD), which functions as a self-regulatory body for national advertising in the United States, providing an alternative to traditional litigation or regulatory complaints before agencies such as the Food and Drug Administration or the Federal Trade Commission. Any organization, from pharmaceutical companies to trade associations, can initiate a proceeding, making NAD a popular forum for companies seeking to address competitive concerns efficiently, outside traditional court proceedings. 

“NAD’s influence, especially in regulated industries such as pharmaceuticals, underscores the importance of accurate, substantiated advertising claims,” the authors add. “For legal counsel and business teams, familiarity with NAD’s procedures can be instrumental in managing advertising risk and regulatory exposure.”