NAD Finds Kohler Violated NAD Procedures in Communication to Customers

New York, NY – Oct. 9, 2012 – The National Advertising Division has determined that Kohler Co. violated the procedures that govern the advertising industry’s system of self-regulation by promoting the outcome of a case directly to Kohler customers.

The self-regulatory process requires fair dealing on the part of all parties. The procedures that govern the self-regulatory system and the participation agreements signed by all parties make clear that parties are prohibited from using NAD decisions for promotional purposes.

NAD learned that Kohler contacted customers directly with information concerning NAD’s findings. That communication represents a promotional purpose. Kohler’s attorney has said that the violation was unintentional.