The National Advertising Division (NAD) of BBB National Programs, Inc. recently launched its new Fast-Track SWIFT (Single Well-defined Issue Fast Track) challenge process. NAD’s Fast-Track SWIFT offers an expedited process for resolving relatively simple and well-defined single-issue advertising disputes.

Three types of categories are currently eligible for a SWIFT challenge, although as the program develops, NAD indicates it may expand the scope of the matters that are deemed appropriate for SWIFT review:

• The prominence or sufficiency of certain disclosures, such as:

  • Influencer disclosures;

  • Native advertising disclosures; or

  • Incentivized reviews, etc.

• Pricing and sales claims.

• Express claims that do not require review of complex evidence or claim substantiation (such as clinical studies, technical testing, or consumer perception evidence, etc.).

Additional differences between a SWIFT challenge and a standard track NAD challenge, include factors such as the following:

• SWIFT challenges are limited to a single issue (claims that are worded slightly differently but convey the same message may be brought together as a single challenge).

• Only one substantive submission per party is permitted (the challenger is only permitted to submit its initial challenge submission, and once the advertiser submits its response, the record is closed).

• All challenges and supporting materials are submitted online.

• SWIFT decisions will be issued within 20 business days from the day the advertiser receives notification of the challenge from NAD.

• The advertiser has an opportunity to object to the issue being undertaken as a SWIFT challenge. If NAD agrees, the matter can be routed to the standard track process.