ARTICLE
13 August 2026

NAD Reviews Sharp Language In Pricing Claims (Podcast)

KD
Kelley Drye & Warren LLP

Contributor

Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
What separates aggressive comparative advertising from misleading pricing claims? A recent NAD decision involving Harry's and Gillette examines when brands can rely on regular retail prices versus promotional discounts, and how far marketers can push provocative language like "you're getting ripped off" without crossing legal boundaries.
United States Consumer Protection

What’s the difference between hard-hitting marketing and misleading pricing claims? In this episode, we unpack a recent NAD decision involving Harry’s and Gillette that explores the boundaries of comparative advertising, including when advertisers can rely on regular retail prices instead of temporary promotional discounts and how far they can go with aggressive language like “you’re getting ripped off.” The decision reinforces that comparative pricing claims must be grounded in prices consumers regularly pay, while also signaling that sharp, hyperbolic rhetoric may be permissible when it doesn’t cross the line into false or misleading advertising. For brands engaged in competitive marketing, the case offers valuable guidance on striking the right balance between persuasive messaging and legal compliance.

Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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.

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