Our client sought advice on the merits of a potential challenge to several promotional claims for a competing beverage product. KKB evaluated the advertising claims, identified vulnerabilities in the claims, and assisted in preparing a submission to the NAD challenging the accuracy of the claims. We prepared a detailed rebuttal to the advertiser's submission to the NAD, including a critique of the physician survey relied upon to substantiate certain of the challenged claims. With our client, we also met in person with NAD attorneys to present the case, critique a second survey presented by the advertiser, and respond to NAD questions.

During the course of the proceeding, the advertiser voluntarily modified certain of the challenged claims. In its decision, the NAD recommended the advertiser discontinue one claim and discontinue or substantially modify the remaining claims.