NAD Calls Out Kohler For Touting Its Decision Against Rival

Law360, New York (October 10, 2012, 9:57 PM EDT) -- The National Advertising Division on Tuesday chided Kohler Co. for violating its guidelines by co-opting for promotional purposes a recent NAD recommendation that a rival generator maker nix certain environmental claims.

As the investigative unit of the advertising industry's self-regulatory system, the NAD has all industry stakeholders sign participation agreements that “make clear” they are prohibited from using NAD decisions for promotional purposes, according to the regulator.

But following a Sept. 26 recommendation that Generac Power Systems Inc. modify or discontinue certain advertising claims Kohler had...
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