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Articles by Terri Seligman
NAD Adds Another Social Media Platform To Its Reporting Toolbox
BBB National Programs recently announced that TikTok has joined the growing list of platforms that have established a dedicated reporting channel with the National Advertising Division (NAD). Like NAD's existing arrangements with Meta and Google, the new channel is designed to facilitate the reporting of advertising that NAD has determined should be modified or discontinued following a challenge. So why does this matter? NAD decisions are influential, but they are not self-executing.
It's A Heated Rivalry
Frankfurt Kurnit Klein & Selz are most popular: within Government, Public Sector and Strategy topic(s) with readers working within the Environment & Waste Management industries Sorry, couldn’t resist. Two athletic supply companies just faced off at NAD over advertising claims for hockey tape. The advertiser, Howie’s Hockey, uses the tout “World’s Highest Quality” in various media, including its website, POS, on-pack, etc.
World's Best-Smelling: Puffery Or Claim?
Frankfurt Kurnit Klein & Selz are most popular: within Government, Public Sector and Strategy topic(s) with readers working within the Environment & Waste Management industries Product names and advertising touts with “world’s best” often get a pass. I should know: I’ve successfully defended its use on the grounds that the statement is puffery.
Hawaii's Charitable Platform Law Now In Effect
Frankfurt Kurnit Klein & Selz are most popular: within Government, Public Sector and Strategy topic(s) with readers working within the Environment & Waste Management industries As we’ve previously reported, shortly after California amended its charitable solicitation laws to regulate Charitable Fundraising Platforms (“CFPs”), Hawaii enacted nearly identical provisions. In June 2025, Hawaii revised those laws again to address certain inconsistencies and extended the effective date to July 1, 2026.
NYC Targets Subscriptions And All-In-Pricing
Frankfurt Kurnit Klein & Selz are most popular: within Government, Public Sector, Strategy and Real Estate and Construction topic(s) with readers working within the Environment & Waste Management industries In July 2026, New York City’s Department of Consumer and Worker Protection (“DCWP”) finalized a new “Click-to-Cancel” rule governing automatic renewals and proposed a new junk fee rule that would require all-in pricing across a wide range of consumer transactions.
FTC And 4 States Target Transgender Care Organization, Alleging False Advertising
Terri J. Seligman’s articles from Frankfurt Kurnit Klein & Selz are most popular: with readers working within the Aerospace & Defence industries I knew it was coming. A year ago, in one of its first workshops in the new administration, the FTC invited opponents of gender-affirming care to give public testimony.
The High Bar For Weed Storage: NAD Evaluates The Claims
Terri J. Seligman’s articles from Frankfurt Kurnit Klein & Selz are most popular: with readers working within the Aerospace & Defence industries I was really hoping that this was one of NAD’s routine monitoring cases. But no. Just your ordinary competitive challenge, albeit in an industry new to NAD: cannabis storage products. This may be one of the clearest signs of mainstream acceptance of the product category.
It's A Tall Tale
Terri J. Seligman’s articles from Frankfurt Kurnit Klein & Selz are most popular: with readers working within the Aerospace & Defence industries The FTC recently announced a proposed consent order against Vanilla Chip LLC (dba TruHeight) and its individual officers regarding ad claims for TruHeight dietary supplements, products advertised to increase the height of kids, teens and young adults. The FTC alleged that the company’s claims were unsubstantiated and their marketing techniques deceptive.
It's A Dog Eat Dog World
Terri J. Seligman’s articles from Frankfurt Kurnit Klein & Selz are most popular: with readers working within the Aerospace & Defence industries Regular readers of this blog know that some of my colleagues and I will find whatever excuse we can to include dogs in our posts. So a recent Decision from NAD was a gift: an excellent excuse for me to cover my favorite topics: ad law and our canine friends.
StubHub Gets Ticketed By The FTC
Terri J. Seligman’s articles from Frankfurt Kurnit Klein & Selz are most popular: with readers working within the Aerospace & Defence industries As announced by the FTC this week, StubHub will pay $10 million to settle the FTC’s charges that the company violated the FTC Act and the Rule on Unfair or Deceptive Fees by deceptively advertising ticket prices on its website without clearly and conspicuously disclosing, up-front, how much consumers would pay for tickets, including all mandatory fees.
Feastables, Free Entries, And Fuzzy Disclosures: CARU Reviews MrBeast
This past fall, the Children's Advertising Review Unit (CARU) issued a big juicy Decision (Report #6455) that I've been meaning to blog about since, as it covers a plethora of issues advertising and promotions lawyers deal with regularly, for kids and adults alike. Better late than never! The inquiry involved the insanely popular MrBeast Youtube channel, hosted by Jimmy Donaldson.
Using Survey Results To Substantiate Advertising Claims
A recent decision from the National Advertising Division offers important guidance for advertisers relying on customer surveys to substantiate performance and consumer perception claims. InNAD Report #7528, NAD evaluated whether survey results could support a series of claims made by Monarch Money, a subscription-based personal finance app. The Decision underscores familiar pitfalls in survey design, question framing, and claim alignment.
FTC Warns Apple That "Liberal Bias" In Apple News May Violate FTC Act
Frankfurt Kurnit Klein & Selz are most popular: within Cannabis & Hemp topic(s) No sooner did I leave the stage at our Ad Law Summit than an alert lit up my phone with the news of an FTC warning letter. This one really caught my eye because it reflected exactly the kind of FTC activity that I had just presented about. My topic at the Summit, "What Advertising Lawyers Are (Or Should Be) Worrying About in 2026", addressed - among other topics – what appear to be the new priorities of the new FTC.
Apples To Apples. Literally.
Frankfurt Kurnit Klein & Selz are most popular: within Cannabis & Hemp topic(s) In a recent case, Ahold Delhaize USA, operator of a number of grocery store chains, including Food Lion, Hannaford, Stop & Shop, and others, challenged express and implied claims made by its competitor Lidl US, LLC. Specifically, Ahold challenged Lidl's price comparison claims in which Lidl promised consumers savings compared to prices at specific Ahold-owned stores.
Subway Series: Reviews And Testimonials
Frankfurt Kurnit Klein & Selz are most popular: within Cannabis & Hemp topic(s) It's the end of the year and I figured I'd close it out by reviving one of my favorite types of blog posts: commenting on an ad I saw on the subway. Like many ads that catch my eye during my commute, this campaign is for dog food. (Such ads appeal to me as both an ad lawyer and devoted pet parent.
FTC Sends Warning Letters To Companies: Don't Mess With The Consumer Review Rule
FK Frankfurt Kurnit Klein & Selz More Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
Double Disclosures Revisited
Frankfurt Kurnit Klein & Selz are most popular: within Cannabis & Hemp topic(s) Over the summer, I wrote about an NAD case initiated by P&G against Dr. Squatch, challenging a number of posts on TikTok. The posts in question featured individuals who participated in the TikTok Shop affiliate program where creators and influencers earn a commission on sales of Dr. Squatch products made through their affiliate links.
A Reminder About NY's Credit Card Surcharge Law And Local Enforcement (Video)
Doing business in New York City? Of course you are! And charging customers an extra fee or surcharge for paying with a credit card? If you're a small business, you may well be doing that to recoup the fees that you pay to the credit card processors. And you can! And you can even charge different prices depending on whether the customer is paying by cash or credit card. But, what you can't do is surprise customers at point of purchase.
Keep Your Hands Off My Memes
Advertising lawyers often have to remind their beloved marketing colleagues and clients of a few things, like (i) getting a license to use a third party's photograph in an ad doesn't necessarily give you the right to use the image of any person in that photograph because the copyright holder and the right of publicity holder are not necessarily the same person; and (ii) stuff you find online is not free for the taking; and (iii) brands are not people: what I may be able do online in my...
A Reminder about NY's Credit Card Surcharge Law and Local Enforcement
Doing business in New York City? Of course you are! And charging customers an extra fee or surcharge for paying with a credit card? If you’re a small business, you may well be doing that to recoup the fees that you pay to the credit card processors. And you can! And you can even charge different prices depending on whether the customer is paying by cash or credit card. But, what you can’t do is surprise customers at point of purchase.
Online Retailer Settles Multistate Enforcement Action Over Subscription And Advertising Practices
Frankfurt Kurnit Klein & Selz are most popular: within Tax topic(s) As recently reported by my partner Holly Melton, subscription practices remain a top priority for the FTC's Bureau of Consumer Protection. They are, apparently, also a top priority for state regulators, as a recently announced multistate settlement makes abundantly clear.
California Bans Online "Sweepstakes Casinos"
Frankfurt Kurnit Klein & Selz are most popular: within Tax topic(s) Earlier this month, Governor Newsom signed AB 831 titled "Gambling: operation of a contest or sweepstakes" into law, effective January 1, 2026. It amends Section 17539.1 of California's Business and Professions Code, and adds Section 337o to the Penal Code, relating to gambling.
Fraudulent Fundraising Slammed By FTC And The States
Frankfurt Kurnit Klein & Selz are most popular: within Tax topic(s) It's Breast Cancer Awareness month, and the FTC and nineteen states have announced an enforcement action involving a deceptive fundraising scheme for breast cancer prevention services. The complaint alleges that Kars-R-Us, a fundraiser, and its principals, solicited charitable donations of vehicles on behalf of United Breast Cancer Foundation, in English and Spanish language tv and radio ads, and online.
Even When NAD Doesn't Decide, It Decides
Two recent NAD Decisions provide some insights into NAD's view of its own jurisdiction and its tools for addressing recalcitrant advertisers. In a challenge filed by biotechnology company Vertex Pharmaceuticals, NAD looked at claims made by its competitor Maze Therapeutics. Each company is currently developing treatments for APOL1-Mediated Kidney Disease ("AMKD") and both companies' treatments are in the clinical trial stage of development.
Does The Reasonable Consumer Believe In The Fountain Of Youth?
This is the intriguing question posed by a recent NAD Decision. In this routine monitoring case, NAD reviewed claims made by Next Health, a wellness and longevity clinic offering personalized medical services such as IV drips,cryotherapy, infrared therapy, and hyperbaric oxygen treatments.
Bad Subscription Practices Still An Enforcement Priority
Did you think that the death of the FTC's updated Negative Option Rule meant the end of FTC enforcement on subscription programs?
Does A "Closer-Than-Usual Working Relationship" Mandate A Disclosure?
Did I mention that NAD has a lot to say about influencer disclosures? A new NAD SWIFT case (Report #7489) spotlights an issue that is not directly addressed by the FTC Endorsement Guides and underscores NAD's very pro-disclosure perspective. At issue here were a number of posts on the advertiser's LinkedIn account, challenged by a competitor. Both companies provide genomic testing used by physicians in evaluating and treating their breast cancer patients.
Does A “Closer-Than-Usual Working Relationship” Mandate a Disclosure?
Did I mention that NAD has a lot to say about influencer disclosures? A new NAD SWIFT case (Report #7489) spotlights an issue that is not directly addressed by the FTC Endorsement Guides and underscores NAD’s very pro-disclosure perspective. At issue here were a number of posts on the advertiser’s LinkedIn account, challenged by a competitor. Both companies provide genomic testing used by physicians in evaluating and treating their breast cancer patients.
Double Disclosures: When Do You Need Them?
A recent NAD case (Report #7841) addressed this very issue but since the advertiser voluntarily pulled the ads in question, NAD did not make a substantive determination. Here's what we know: P&G initiated a SWIFT case against Dr. Squatch, challenging a number of posts on TikTok.The posts in question all featured individuals who participated in the TikTok Shop affiliate program where creators and influencers earn a commission on sales of Dr. Squatch products made through their affiliate links.
Caveat Emptor: You May Be Robbed
As I blogged about late last year, a scam called "gift card draining" has become very prevalent in the marketplace since the pandemic and has caused considerable consumer loss. Thieves remove gift cards from their packaging on retailers' shelves, record the cards' account numbers, return the cards to their packaging, and when purchasers of the cards load funds onto them, the scammers use the account numbers to quickly make purchases before the recipients of the gift cards can.
Hiring Models In New York?
The New York State Fashion Workers Act (NYS Labor Law, Article 36)goes into effect next week and establishes new workplace protections for models working in New York and new responsibilities and requirements for "model management companies," "model management groups," and "clients." These responsibilities, requirements and protections are explained in detail on the New York State's Department of Labor website, here.
Back To Basics: Recent NAD Cases Provide Primer On Common Claims And Practices
Three recent NAD cases provide good reminders about some issues and claims that advertising lawyers regularly address. In this SWIFT case, a maker of household fans challenged claims by DREO, an appliance manufacturer. DREO claimed to be the "No. 1 Fan and Heater Brand in the U.S.," a claim the challenger disputed.
How Quickly Must An Advertiser Change Its Product Packaging When It Loses At NAD?
It's one of the most vexing questions I get as an NAD practitioner. Vexing because there's no hard and fast rule stated in NAD Procedures or in the cases and it's a big effing deal for advertisers to change their labels and packaging. While it's understood that getting packaging into compliance is more difficult and expensive than cleaning up online assets, NAD hasn't established fixed time frames for this process. But a new NAD Decision in a compliance action brings some very instructive guidance.
NAD Continues To Focus On Influencer Disclosures
In yet another Decision from NAD addressing influencer disclosures, demonstrating the self-regulatory body's ongoing concern with the influencer ecosystem, NAD resolved its routine monitoring inquiry with fashion brand Skims Body, Inc. The case concerned Skim's relationship with its paid influencers Brittany Mahomes and Lana Del Ray, and the measures Skims takes to ensure compliance with the FTC Endorsement Guides.
Challenging False Advertising: It Matters Where You Go
Clients often ask whether it's better to go to NAD or court when they're unhappy about the claims their competitors are making. The main considerations are usually speed and cost, likelihood of success, and impact of potential victory. Typically, NAD is faster (unless you're going for a TRO), a lot cheaper, more likely to be addressed by an adjudicator who deals with advertising day in and day out, and a lot less painful for both parties because there's no discovery.
Political Ads: New Guidance Emphasizes Transparency
BBB National Programs' Digital Advertising Accountability Program (DAAP) has announced the issuance of a new Compliance Guidance: How to Ensure Transparency in Political Advertising. As stated in its press release, the purpose of DAAP's new Guidance is to educate advertisers on the requirements for sponsorship transparency for online and mobile app political advertisements.
Massachusetts AG Implements Regulations On "Junk Fees" And Auto-Renew Offers
FK Frankfurt Kurnit Klein & Selz More Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
Massachusetts AG Implements Regulations on “Junk Fees” and Auto-Renew Offers
The Massachusetts Attorney General’s Office (AGO) recently introduced new regulations, 940 CMR 38.00, addressing so-called “junk fees,” trial offers, subscriptions, and more. The regulations are effective beginning September 2, 2025 for businesses engaged in advertising, marketing, solicitation, or offering targeted to or resulting in a sale in Massachusetts, and violations will be considered unfair or deceptive acts under the state’s UDAP law, the Massachusetts Consumer Protection Law.
NAD Announces Dedicated Reporting Channel With Google
BBB National Programs today announced a collaboration between its National Advertising Division and Google to allow for direct reporting of potential Google Ads policy violations. This dedicated intake channel will allow NAD to share its case outcomes involving advertising running on Google directly via the Google Priority Flagger Program.
FTC Releases Initial Findings On Surveillance Pricing Study
As I blogged about back in August, the FTC issued orders under its Section 6(b) authority to several companies that offer "surveillance pricing products and services" in order to help the FTC better understand how surveillance pricing is affecting consumers. The FTC sought information from "intermediary companies," i.e., the "middlemen" hired by retailers who can algorithmically tweak and target their prices for individual consumers.
FTC Releases Initial Findings On Surveillance Pricing Study
As I blogged about back in August, the FTC issued orders under its Section 6(b) authority to several companies that offer “surveillance pricing products and services” in order to help the FTC better understand how surveillance pricing is affecting consumers. The FTC sought information from “intermediary companies,” i.e., the “middlemen” hired by retailers who can algorithmically tweak and target their prices for individual consumers.
Brain Claims Enjoined
Back in 2017, the FTC and New York AG charged Quincy Bioscience and its founders with making false and unsubstantiated claims to market its dietary supplement Prevagen. Widely advertised and promoted, and sold both to the public and healthcare practitioners, the supplement – containing a jellyfish protein – was promised to improve memory and provide other cognitive benefits.
Gift Cards Now Subject To Security Requirements To Prevent Draining Scams
It's the ' own holiday tradition: warning consumers about bogus deals and various holiday shopping scams. One scam making the news is "gift card draining," which the California Attorney General describes as follows: "a scam in which bad actors record pin numbers and other information from unpurchased gift cards.
When Is A Product Beauty Shot Too Beautiful?
When it falsely misrepresents the product. That is the charge levied against Subway Restaurants, Inc. by putative class action members in the Eastern District of New York. They allege that Subway's advertising "misleadingly, inaccurately and deceptively" depicts Subway sandwiches as containing 200% more meat than they actually contain, in violation of New York's UDAP and false advertising laws (New York General Business Law, Sections 349 and 350).
FTC Charges Consumer Review Platform With Misrepresenting Product Reviews
This week, the FTC announced a proposed settlement with GGL Products, dba Sitejabber, an artificial intelligence-enabled review platform.
'Click To Cancel' Is Here, As FTC Announces Final Negative Option Rule
FK Frankfurt Kurnit Klein & Selz More Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
‘Click to Cancel’ is Here, as FTC Announces Final Negative Option Rule
The Federal Trade Commission today (finally) announced its final “click-to-cancel” rule, which imposes new requirements on negative option programs in all forms (including electronic media, telephone, print and in-person transactions) in an attempt to combat unfair or deceptive practices related to subscriptions, memberships and other recurring-payment programs.
What Is An Advertiser's Responsibility For The Rankings And Ratings It Receives?
This recent(ish) NAD Decision in a Fast Track SWIFT case raises some interesting issues indeed. Upon challenge by the advertiser's competitor, NAD reviewed advertising for Datarails, Inc, a provider of financial planning and analysis software solutions, on The Finance Weekly website.The Financial Weekly website covers various financial topics and appears to be an independent editorial site.
FTC Gets Record Penalty In CAN-SPAM Enforcement Action
Remember my 2023 blog post about a CAN-SPAM enforcement action? (No?!?) I noted the rarity of such actions and remarked that the FTC's action against Experian, involving transactional emails (or, rather, would-be transactional emails) was a major wake-up call, reminding us marketing lawyers that the FTC still cares about CAN-SPAM (formally, the Controlling the Assault of Non-Solicited Pornography and Marketing Act). A more recent action underscores this point in spades.
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