United States: 20 Years And 2,600 Decisions: Andrea Levine Takes A Look Back

My colleague and friend, Andrea Levine, has been the Director of the Advertising Self-Regulatory Council's National Advertising Division (NAD) and Senior Vice President of the Council of Better Business Bureaus for the past 20 years. It's quite a title, and tenure, and as she prepares to move on to her next challenge, I asked her to share some of her experiences and wisdom.

Twenty years ago, I appeared at NAD's offices armed with 7 years' experience in the NYC court system defending poor people from the consequences of "trickle down" economics, a decade on the front lines of multi-state consumer protection advocacy as an Assistant Attorney General for the State of New York, and a stint as Special Counsel for a Medicaid Managed Care Company. The advertising industry was not thrilled to have a regulator take over as NAD's Director, the staff wasn't thrilled to have someone new come in with marching orders to raise the bar, and I (completely overwhelmed) knew I wasn't in Kansas anymore. So where to begin?

It made sense to start by getting a handle on NAD precedent—but that was easier said than done. NAD's prior decisions existed only in paper format and those papers had been scattered to the winds. So I forged ahead into case handling virtually blind as to what NAD had held before. Without the benefit of precedent I did what any good lawyer would do—I turned to the law. And that turned out to be genius. There were well-established rules regarding the commercial speech limitations, the need for substantiation, regulatory definitions of terms (like the use of "fresh" in describing foods) and reams of guidance from the FTC on the sufficiency of disclosures, competent and reliable scientific evidence, deceptive pricing, environmental marketing claims and the newly emerging enormous challenge of the Internet.

In the early years, as a flow of decisions began to be published, everyone relaxed; self-regulation began to emerge as a harmonizing voice with the regulatory world and the courts and leave behind its early reputation as an arbitrary and superficial forum. Staff development became my highest priority – hiring the best people we could get, training them, mentoring them to become highly skilled and respected members of the advertising bar. Their decisions became more detailed, more thoughtful, more scholarly, providing guidance well beyond the resolution of a dispute between two parties. As the decisions became more substantive and valuable it became increasingly important to collect them all together and make them searchable and accessible. Enter Bruce Hopewell, then-executive director of the National Advertising Review Board, the mastermind behind what is now one of NAD's greatest assets: the online archive of "NAD Jurisprudence," the largest compendium of decisions on claim substantiation and advertising law in the country.

As the routine handling of cases settled down, and with competitors bringing a steady stream of challenges in industries that had embraced voluntary self-regulation, it was time to expand NAD's reach to new advertisers and product categories. So we began to target consumer trouble spots through our monitoring efforts. The Atkins craze had reached a fever pitch and every product, regardless of its nutritional content, was on a quest to position itself as "low carb." Cookies promised "zero sugar carbs,"pastas "no net carbs" and dietary supplements touting "carb absorbing" or "carb blocking" superpowers abounded. The Food and Drug Administration quickly set about rulemaking to define these terms – but as is so often true, the regulatory world could not begin to keep up with the marketplace. So fleet of foot, NAD stepped into the breach and started bringing cases and drawing some bright lines. We may not have had regulatory definitions but there was nothing to stop us from analyzing what messages were being conveyed by these claims and whether advertisers could support them. And lo and behold, as soon as we began deciding cases, competitors started challenging each other's claims. The craze was long over before a single definition was ever drafted.

Over the years, NAD has never shied away from even the most daunting of cases. When the Natural Resources Defense Council challenged the Nuclear Energy Industry's "environmentally friendly" claims for nuclear power plants, NAD took it on. While we agreed that it was true that nuclear power plants do not themselves generate greenhouse gasses, the coal they burn to produce the uranium-rich fuels needed to power the plants pollutes the air and the radio-active waste they produce will be a pox on the earth for eons—so "environmentally friendly" is not the most accurate descriptor. When Compassion Over Killing challenged the truthfulness and accuracy of the "Animal Care Certified" seals being used on egg cartons nationwide, NAD took it on. While it is clearly not NAD's role to establish what are appropriate conditions for egg laying hens, if you claim to treat your hens humanely – then packing them in so tightly they can't spread their wings, de-beaking them so they cannot peck each other to death and keeping the lights on 24/7 so they never stop producing eggs – probably won't cut it.

It's hard to believe that 20 years have passed and that my time at NAD is drawing to a close. This job has been a true labor of love – endlessly interesting, intellectually challenging and great fun. To all of you who have worked so hard with me to build NAD into the extraordinary forum that it is today, thank you. I could not be prouder of the more than 2,600 decision legacy or the fantastic and brilliant team that I leave behind.

Andrea "out."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.