United States:
Hunton Retail Law Resource: Advertiser Presses Snooze On NAD: Claims Referred To FTC
12 March 2019
Hunton Andrews Kurth LLP
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On February 25, the National Advertising Division
("NAD") referred Nectar Sleep's
"Limited Offer: $125 Off + 2 Free Pillows" claim to the
FTC after the advertiser declined to participate in the NAD's
self-regulatory process. The complaint was brought to the NAD's
attention by challenger Tuft & Needle, LLC, who alleged that
Nectar's offer was always available to consumers, and therefore
was not a "limited" offer. The challenger also complained
that Nectar's pillows are not independently offered for sale
and therefore should not be advertised as "free." NAD
requested substantiation from the advertiser but did not receive a
substantive response from Nectar.
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