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Articles by Bryan Wolin
When the FTC Comes Calling: Lessons from Dollar General
FTC investigations typically occur behind closed doors, leaving businesses with little insight into what happens when the agency comes calling. The FTC’s recent action against Dollar General offers a rare peek behind the curtain, thanks to Dollar General’s unusually public response. On October 26, 2026, the FTC and 20 states sued Dollar General, alleging that the retailer charged customers more at checkout than the prices displayed on store shelves.
Key Takeaways – Panel Discussion on Litigation versus National Advertising Division for Advertising Disputes
Bryan Wolin was honored to moderate a panel at the 2026 Association of Corporate Counsel (ACC) Annual Meeting in Boston, MA on how businesses confronted with a false advertising dispute should consider the choice between litigation and a challenge at the National Advertising Division (NAD), and was joined by Phyllis Marcus (Vice President, National Advertising Division, BBB National Programs) and Kathryn Farrara (General Counsel Beauty & Wellbeing, Unilever North America).
California Passes New Synthetic Performer Law
Two states have now passed laws intended to make it easier for consumers to distinguish real humans from AI-created ones. Following New York’s first-in-nation passage of a law requiring advertisers to disclose the use of synthetic human performers in commercial advertising, California enacted a similar bill, SB-1050, on September 16, 2026, and it becomes effective on January 1, 2027.
AI Claims Under the Microscope: NAD's SafelyYou Decision Shows Why "Proven" Isn't Always Proof
If you're marketing an AI-powered product—especially one that touches health or safety—NAD's recent decision in SafelyYou, Inc. (Case No. 7529, closed August 3, 2026) should be required reading. SafelyYou sells an AI-enabled fall detection and monitoring system for assisted living and memory care communities.
Show and Tell: NAD's SWIFT Decision Reminds Advertisers That Pictures Make Promises Too
If you're an advertiser wondering whether NAD's Fast-Track SWIFT offering has real value, Case No. 7600 should get your attention. This decision, dated August 7, 2026, is a case study in how the SWIFT track provides a streamlined way to attack misleading implied claims—without the need for complex consumer survey evidence a court would demand. Dyson challenged advertising by Dreame Technology for two products: the Dazzle Hair Styler and the Miracle Pro Hair Dryer.
Puffery – You Know It When You… Smell It? NAD Reinforces the Line Between Claims and Puffery in New Decision.
A recent NAD decision provides advertisers with a great example to help distinguish puffery from advertising claims that require substantiation. In SWIFT case 7590, Beiersdorf, Inc. challenged advertising by Vacation, Inc. in which Vacation said its sunscreen products are the “World’s Best-Smelling Sunscreen.” NAD concluded that, standing alone, the phrase is mere puffery, given the inherently subjective nature of a smell claim and the grossly exaggerated characterization of the product’s scent.
Betting on Deception: Polymarket's Influencer Campaign Draws Lawsuit
Fake trades. Sockpuppet accounts. Scripted talking points. A wooden plaque honoring “the first Polymarket Pledge Class.” These aren’t plot points from a satire about crypto bros gone wild, they’re allegations in a lawsuit recently filed by the National Association of Consumer Advocates, Inc. (NACA) against Polymarket, the online prediction market platform that’s been bursting in popularity.
Kalshi Faces Referral by NAD Over Influencer and Affiliate Disclosure Practices
Online prediction-market platform Kalshi Inc. (“Kalshi”) declined to participate in a recent National Advertising Division (“NAD”) monitoring inquiry into its social media advertising and influencer and affiliate disclosure practices. As a result, NAD stated that it will refer the matter to appropriate regulatory authorities and to the platforms on which the advertising appeared.
Taken Down: Five Tips for Using IP Rights to Police Social Media
Kilpatrick lawyers Bryan Wolin and Shreya Desai were joined by Jasmine Beaubien (Team Leader, Legal – Intellectual Property Lead Counsel, Rocket) for a recent panel discussion with the Association of Corporate Counsel’s IP Network to discuss "Trademark Use and Enforcement on Online Platforms." Below are the key highlights and takeaways from the panel: 1.
Barking Up the Right Tree: NAD Reinforces Made in USA Claim Rules, How to Fit Evidence to Claims, and More in Wide-Ranging Premium Dog Food Duel
In the increasingly crowded premium pet food market, the battle for "clean label" supremacy often turns on the fine print of processing and sourcing. A recent challenge by The Farmer’s Dog against Sundays for Dogs (Case #7523) provides a comprehensive look at how the National Advertising Division (NAD) evaluates the intersection of manufacturing methods, ingredient imagery, and domestic origin claims.
Better Business Bureau Supports Brands & Influencers With New Influencer Certification Program
The rise of influencers and creator-driven content has fundamentally reshaped online marketing. Brands increasingly turn to influencers to reach audiences in authentic, engaging ways, but this new trend is not without risk. Many influencers are unfamiliar with advertising laws and regulations, and careful oversight can undermine the authenticity brands want from their influencer partners.
No Substitute for Substance: NAD Reiterates Guidance on Performance Imagery and Third-Party Endorsements
The National Advertising Division (NAD) recently reiterated several longstanding principles of comparative advertising in a monitoring decision concerning skincare product ads. In Pretty Boy, Inc. (Case No. 7495), NAD examined whether the advertiser’s use of a perfect “health score” provided by a third party and before-and-after imagery conveyed adequately supported claims.
What’s In a Sandwich? McDonalds Sued in Consumer Class Action Over McRib Claims. | JD Supra
The iconic McRib, a limited-time fan favorite, recently ignited a high-profile sandwich controversy, leading to a class action lawsuit filed in the U.S. District Court for the Northern District of Illinois (see Le, et al. v. McDonald’s Corp., Case No. 1:25-cv-15609). The plaintiffs argue that McDonald’s engaged in deceptive marketing practices in violation of a host of state laws by misrepresenting to consumers that the McRib contains pork rib meat.
NAD's Newfound Interest in Financial Services Extends to B2B Marketing | JD Supra
Two recent National Advertising Division decisions involving competing 401(k) providers underscore that NAD’s expanding focus on financial services advertising is not limited to consumer-facing debt-relief claims. NAD will also scrutinize business-to-business advertising for financial services, including claims about the advertiser’s size, popularity, growth, or financial strength, where ambiguity or imprecision can materially influence purchasing decisions by employers and plan sponsors.
New York Governor Signs Bill Requiring Disclosure of AI-Generated Performers in Advertising | JD Supra
Continuing its efforts to protect the residents of New York State from the potential ravages of artificial intelligence, New York’s Governor Kathy Hochul this month signed S.8420-A into law, a bill that requires advertisements to conspicuously disclose the use of synthetic performers and imposes civil penalties for non-compliance.
NAD’s Newfound Interest in Financial Services | JD Supra
In 2025, the National Advertising Division saw a notable uptick in challenges involving the financial services industry. Historically viewed as a forum focused on categories like food, cosmetics, personal care, household goods, and telecom, NAD is now directing additional attention toward debt-relief, credit-improvement, and broader financial services advertising.
5 Key Takeaways | The Essentials of Advertising Claims Substantiation | JD Supra
Kilpatrick’s Barry Benjamin and Bryan Wolin were honored to participate in the firm’s long-running IP Innovation webinar series, with a presentation on December 3, 2025, covering the essentials of advertising claims substantiation. Here are five key takeaways from their talk. 1.
5 Key Takeaways | 2025 ANA Masters of Advertising Law Conference | JD Supra
Kilpatrick’s advertising law team attended the “2025 ANA Masters of Advertising Law Conference” in Chicago from November 3-5. Kilpatrick lawyers Barry Benjamin and Bryan Wolin were honored to present on the topic of social media takedowns, joined by Mannu Harnal (Associate General Counsel – Head of Intellectual Property & Business Affairs, CELSIUS Holdings, Inc.) and Tali Alban (Senior Counsel, Marketing & Community Operations, Uber) for a panel discussion.
“Up To” Claims, Superiority Claims Versus Unnamed “Leading Brand,” and Influencer Disclosure Obligations | JD Supra
The National Advertising Division (“NAD”) issued a new decision addressing a number of basic advertising law staples: “up to” claims, comparative superiority claims, and apples-and-oranges comparisons. Coterie Baby Inc.
5 Key Takeaways Global Compliance and Sustainability Green Claims in Fashion Law | JD Supra
As part of a three-part series on Fashion Law, Barry M. Benjamin, managing partner of Kilpatrick’s New York office and chair of its Advertising and Marketing group, and Bryan Wolin, also part of Kilpatrick’s Advertising and Marketing group and resident in Kilpatrick’s New York office, presented a session on Global Compliance and Sustainability in Fashion.
Greener Pastures—Or Just Greener Claims? NAD Clarifies the Line for Boxed Water’s Wide-Ranging Green Claims | JD Supra
[co-author: Jonathan Bronstein] Can you really say your product is “better for the planet”—or does that claim need a compostable disclaimer? In a sweeping decision on Boxed Water’s green marketing, the NAD once again clarified the boundaries for recyclability, renewability, and environmental superiority claims, offering critical guidance for brands tying their reputations to sustainability.
Flying Too High? Microsoft’s Copilot Ads and the Limits of AI Marketing | JD Supra
AI might be transforming the workplace, but companies touting AI-powered tools should proceed with caution. In a recent decision, the National Advertising Division (“NAD”) reviewed Microsoft’s claims about its Microsoft 365 Copilot (“Copilot”)—an AI-powered productivity tool.
NAD Puts VKTRY Performance Insoles’ Claims to the Test—And It’s No Shoe-In for Superiority | JD Supra
The National Advertising Division (NAD) recently delivered a pointed reminder to the athletic gear and consumer products industries: if you want to advertise superior performance, you’d better have the science to back it up.
Influencers on the "Free Stuff" Train Require Monitoring for False Claims | JD Supra
A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and the influencer.
Reading the Tea Leaves: Jury Awards $2+ Million for Bigelow’s “Manufactured in the USA 100%” Label
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Arizona Court Rejects Armored Vehicle Manufacturer’s Advertising and Trademark Claims | JD Supra
A recent Arizona district court decision reminds brand owners that bold accusations of false association and deceptive branding can quickly fall apart in the absence of certain key facts. In Armored Group LLC v. Lutzker, the armored vehicle manufacturer “TAG” alleged that three former executives, operating under the name “TAG Dynamics,” sought to confuse the market and mislead the public into believing a joint venture existed between the two companies.
Tea Leaves Tell Tales: Jury Awards $2.36 Million for Bigelow's "Manufactured in the USA" Label | JD Supra
A California jury recently found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming some of its teabags were “Manufactured in the USA.” The company paid a steep price for this mislabeling, with the jury awarding the class action plaintiffs $2.36 million. For Bigelow, the kettle was near boiling well before trial.
NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions | JD Supra
Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the disclosures. In a series of related decisions, NAD provided valuable guidance on influencer marketing and disclosure practices.
Are Your Ads Sending the Wrong Message? Lessons from Total Wireless | JD Supra
The National Advertising Division (“NAD”) recently took Total Wireless, a prepaid brand under Verizon, to task for a TV commercial that blurred the lines between two separate offers, leaving consumers potentially confused. The fast-paced, 30-second ad promoted two enticing deals: four lines of wireless service for $25 per month and up to four free 5G phones.
Beef Between Meat Stick Manufacturers Leads to Withdrawn Environmental Benefit Claims, Substantiated Sourcing Claims | JD Supra
The National Advertising Division (“NAD”) resolved a beef between makers of competing meat stick products, Link Snacks Inc. and We Are The Chompions, LLC (“Chomps”). Link Snacks challenged Chomps’ non-specific carbon neutral and net-positive environmental impact claims (“environmental claims”) and its geographic sourcing claims (“sourcing claims”).
Beef Between Meat Stick Manufacturers Leads to Withdrawn Environmental Benefit Claims, Substantiated Sourcing Claims
The National Advertising Division (“NAD”) resolved a beef between makers of competing meat stick products, Link Snacks Inc. and We Are The Chompions, LLC (“Chomps”). Link Snacks challenged Chomps’ non-specific carbon neutral and net-positive environmental impact claims (“environmental claims”) and its geographic sourcing claims (“sourcing claims”).
NAD 2024 Annual Report – Key Takeaways | JD Supra
The National Advertising Division—an industry-leading self-regulatory agency that resolves advertising disputes—recently issued its 2024 annual report (available here). The Kilpatrick Advertising and Marketing Team, which regularly appears before the NAD, has reviewed the report in detail and provides the following key takeaways: NAD By the Numbers: Fast track cases are up, appeals are down, decisions are being issued faster, and voluntary compliance is improving.
NAD 2024 Annual Report - Key Takeaways
The National Advertising Division—an industry-leading self-regulatory agency that resolves advertising disputes—recently issued its 2024 annual report (available here). The Kilpatrick Advertising and Marketing Team, which regularly appears before the NAD, has reviewed the report in detail and provides the following key takeaways: NAD By the Numbers: Fast track cases are up, appeals are down, decisions are being issued faster, and voluntary compliance is improving.
NAD Rejects Substantiation for "SolaWave Advanced Skin Care Wand" in Monitoring Decision | JD Supra
The National Advertising Division (“NAD”) issued a new decision with helpful guidance for advertisers making performance claims about skincare products. NAD’s review of advertiser SolaWave’s substantiation for a wide range of claims was much more than “skin deep.” Unfortunately for SolaWave, its substantiation failed the test. NAD’s decision was the result of its routine monitoring function. While many NAD decisions are the result of competitor challenges, NAD can also open challenges on its own.
NAD Rejects Substantiation for "SolaWave Advanced Skin Care Wand" in Monitoring Decision
The National Advertising Division (“NAD”) issued a new decision with helpful guidance for advertisers making performance claims about skincare products. NAD’s review of advertiser SolaWave’s substantiation for a wide range of claims was much more than “skin deep.” Unfortunately for SolaWave, its substantiation failed the test. NAD’s decision was the result of its routine monitoring function. While many NAD decisions are the result of competitor challenges, NAD can also open challenges on its own.
Crocs Versus Dawgs: The Federal Circuit Holds That Falsely Stating a Product is "Patented" Can Lead to A False Advertising Claim | JD Supra
On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product.1 (Crocs, Inc. v. Effervescent, Inc. et al., Case No. 2022-2160).
Crocs Versus Dawgs: The Federal Circuit Holds That Falsely Stating a Product is "Patented" Can Lead to A False Advertising Claim
On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product.1 (Crocs, Inc. v. Effervescent, Inc. et al., Case No. 2022-2160).
NAD's Scrutiny of Non-Standard Testing Protocols: A Cautionary Tale | JD Supra
A recent decision by the National Advertising Division (“NAD”) serves as a helpful reminder that companies should generally adhere to accepted industry protocols when testing their products. Using non-standard testing to support your claims drastically increases the risk of NAD finding those claims unsubstantiated.
T-Mobile NAD Challenge of Charter Advertising Results in Referral to FTC Upon Charter Declining to Participate | JD Supra
The National Advertising Division (“NAD”) has referred two advertising claims made by Charter Communications to the Federal Trade Commission (FTC) after Charter declined to participate in self-regulatory challenges to those claims filed by T-Mobile. T-Mobile provides, among other things, home internet connection through its 5G Home Internet (“T-HINT”) product, while Charter sells competing home internet service.
T-Mobile NAD Challenge of Charter Advertising Results in Referral to FTC Upon Charter Declining to Participate
The National Advertising Division (“NAD”) has referred two advertising claims made by Charter Communications to the Federal Trade Commission (FTC) after Charter declined to participate in self-regulatory challenges to those claims filed by T-Mobile. T-Mobile provides, among other things, home internet connection through its 5G Home Internet (“T-HINT”) product, while Charter sells competing home internet service.
New NAD Decision Reminds Advertisers of Influencer Marketing Pitfalls | JD Supra
A recent decision by the National Advertising Division (“NAD)” provides some helpful reminders and best practices for influencer marketing. Wonderbelly—the maker of “clean” antacids—worked with influencers to help promote its Wonderbelly Antacid product on social media. A competitor complained that Wonderbelly’s influencers failed to disclose their connections to Wonderbelly or buried the disclosures in hard-to-find places.
New York Attorney General Has Beef With Meat Company's Aspirational Green Advertising Claims | JD Supra
New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for deceptive environmental marketing. Despite a pledge to achieve net zero greenhouse gas emissions by 2040, James asserts that JBS has no viable plan to reach net zero greenhouse emissions and is flipping the truth like a burger on a grill.
New York Attorney General Has Beef With Meat Company's Aspirational Green Advertising Claims
New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for deceptive environmental marketing. Despite a pledge to achieve net zero greenhouse gas emissions by 2040, James asserts that JBS has no viable plan to reach net zero greenhouse emissions and is flipping the truth like a burger on a grill.
10 Key Takeaways | Reflections on the 2023 ANA Masters of Advertising Law Conference
The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising law” umbrella, and it is overly stuffed with highly educational sessions. This year’s conference was no exception.
5 Key Takeaways - Defending Against ‘Do-Gooder’ Litigation: Developing Legal and PR Strategies Against Putative False-Advertising Class Actions | JD Supra
Kilpatrick’s Evan Nadel, Jonathan W. Thomas, and Bryan Wolin were honored to host a roundtable discussion at the ANA’s 2023 Masters of Advertising Law Conference, titled “Defending Against ‘Do-Gooder’ Litigation.” As the title suggests, whether under the guise of environmental protection, animal rights, or consumer protection, more claims are getting filed ostensibly for the common good. While some are filed as class-actions, many are not.
Greenwashing Claims - Fashionable or Fashion Faux Pas? | JD Supra
Consumers seem to want to buy products made from sustainable materials or made in sustainable ways. At least, companies seem to think that’s what consumers want, as they continue making claims about how environmentally friendly and sustainable their products and manufacturing processes are. Company claims and pronouncements about how green, sustainable, and eco-friendly they can be, however, considered “greenwashing” – statements that are vague, overbroad, or subject to misinterpretation.
Recent Updates to the Federal Trade Commission's Endorsement Guides | JD Supra
The Federal Trade Commission’s crackdown on misleading and deceptive endorsement practices continues, this time with a set of proposed updates to the Endorsement Guides (the “Guides”). The FTC’s May 19th proposals come hot on the heels of its recent “Notices of Penalty Offenses” issued to hundreds of major companies, and reinforce FTC’s ongoing interest in trying to clean up the social media endorsement landscape. The proposed amendments include myriad changes to the Guides.
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