Agenda
Conference Program
Flip through our 2024 conference brochure and discover what’s new this year.
- Jump to:
- At a Glance
- Day 1
- Day 2
- Add-Ons
- Print-friendly Format
Pre-Conference Workshop
Workshop A — Advertising Claims 101: The Essential Building Blocks of a Successfully Substantiated Advertising Campaign
Feb 7, 2024 1:30pm – 05:00 PM
Speakers
Megan Olsen
Senior Vice President & General Counsel
Council for Responsible Nutrition
Kristin Marchesiello
Senior Marketing Counsel
Unilever
Katie Bond
Partner
Keller and Heckman LLP
Pamela Deese
Partner
ArentFox Schiff LLP
Day 1 - Thursday, February 8, 2024
Day 2 - Friday, February 9, 2024
Post-Conference Workshop
Workshop B — Social Media Claims Substantiation Master Class: A Comprehensive Guide for Making Compliant Claims on Social Media in a Time of Evolving Agency Guidance
Feb 9, 2024 2:00pm – 05:00 PM
Speakers
Amy Kingham
Compliance Manager
PromoVeritas
Paavana Kumar
Partner
Davis+Gilbert LLP
Emily Faro
Associate
Reed Smith LLP
Day 1 - Thursday, February 8, 2024
8:30 |
Co-Chairs Opening RemarksAndra Dallas Amy Ralph Mudge |
8:45 |
Coffee and Q+A with In-House Counsel: Examining How the Latest Legal Developments and Trends in Advertising Claims Substantiation Will Impact Your Business Practices in 2024Katie Dunne Dana Hall Devon Winkles Megan Collins Moderated by:Amy Ralph Mudge Join us for an interactive discussion with a panel of cross-industry in-house counsel who will discuss the most significant claim substantiation developments and trends in 2023, as well as predictions for 2024. Points of discussion will include:
|
9:45 |
A Deep Dive Into the FTC’s Latest Enforcement Priorities: New Guidance on Endorsements, Testimonials, Consumer Reviews and BeyondMary Engle Interviewed By:John Villafranco Since we last met, the FTC has released its finalized new Endorsement Guides, and has additionally issued a proposed Rule on the Use of Consumer Reviews and Testimonials. Join us for this much anticipated discussion with TBD as she discusses the FTC’s latest initiatives in the realm of social media advertising, and areas of focus for the agency moving forward. |
10:30 |
Morning Coffee Break |
11:00 |
Keeping Your Green Claims Clean: Mastering Substantiation of Environmental/ESG Claims at a Time of Heightened Scrutiny and Evolving RegulationJennifer Fried Mark Smith Debora Welch Substantiating “green” claims can be extremely technical, and the practice of selling sustainability is receiving increased scrutiny from the regulators, enforcers and the plaintiffs’ bar alike. Points of discussion by this panel will include:
|
12:00 |
Networking Luncheon for Speakers and Delegates |
1:00 |
Health Claims Under Fire: Avoiding Deceptive Health-Related Claims in the Face of New Guidelines from FTC and FDAJacqueline Chan John Graubert Raqiyyah Pippins In 2023 the FTC finally issued its new Health Products Compliance Guidance heightened substantiation requirements for health-related claims. While FTC’s original guidance—released some 25 years prior—applied only to dietary supplements, this latest guidance also applies to health claims made about foods, OTC drugs, devices, and any other health related consumer products. Against this backdrop, the FDA issued a new definition of “healthy” for food labels. This panel will take a deep dive into what these new guidelines will mean for companies making health-related claims going forward.
|
2:00 |
Spotlight SessionArtificial Intelligence in the World of Advertising: Preparing for the Next Frontier of Ad Claims Scrutiny and EnforcementBezalel Stern Candice Kersh Limor Robinson Mann Michael Schiffer Companies are quickly learning that Artificial Intelligence can be a powerful tool in creating and enhancing advertising campaigns. However, with all eyes now on AI (including the regulators’), companies must tread very carefully in ensuring that ad claims made through AI-enabled methods are legally compliant. What’s more, the FTC has recently made it clear that the mere mention of AI in ad claims will be heavily scrutinized. This panel will delve into the latest ways that AI is being used in the world of advertising and the biggest legal and compliance risks that companies must be aware of. Topics of discussion include:
|
3:15 |
Afternoon Break |
3:30 |
Tackling the Challenges of Substantiating New Technology Claims: How to Proceed When the Tech Evolves Faster than the Substantiation TestingErin Evans Andra Dallas
|
4:15 |
Tactical Tools for Sensory Claim Substantiation: Understanding the Difference Between Sense Perception Claims, Run-of-the-Mill Performance Claims and PufferyWendy M. Fiel David Mallen
|
5:00 |
Incorporating Lessons from Recent Advertising Claims Class Actions Into Your Future Claims Substantiation StrategiesJoshua Kipnees Anna Naydonov Katie Rogers
|
5:45 |
Conference Adjourns |
Day 2 - Friday, February 9, 2024
8:45 |
Co-Chairs’ Welcome Back and Recap of Day 1Andra Dallas Amy Ralph Mudge |
9:00 |
Spotlight Interview with NADLaura Brett Interviewed by:Nancy Felsten Join us for an interactive conversation with Laura Brett, Vice President of the NAD, as she discusses the latest trends in claims challenges and disputes, the Division’s latest initiatives to promote truth in advertising claims, and insights on how companies can most effectively work with NAD. |
9:45 |
Shining a Light on “Dark Patterns”: What All Companies Must Know About this Rising Area of FTC Advertising EnforcementTrent Taylor Andrew Lustigman The FTC and other enforcers are rapidly increasing their focus on “dark patterns” in advertisement designs, which are practices that regulators believe can trick or manipulate consumers into buying products or giving up their privacy. In addition, the Commission also just released a new proposed rule governing subscription offerings/negative options. This spotlight session will explore:
|
10:30 |
Morning Coffee Break |
11:00 |
Q+A with CARU: Delivering Truthful Advertising Across the Blurred Lines of the Metaverse and Critical Considerations for Teen AdvertisingDona J. Fraser Join us for an interactive conversation with CARU as they discuss the latest initiatives to promote truth in children’s ads in the blurry atmosphere of the metaverse, as well as the oral and visual disclosures that are required to achieve transparency. Additionally gain insights into the organization’s recently released TAPP Roadmap, which provides a framework aimed at protecting the online privacy of teenage consumers. |
11:30 |
Prize Promotion Essentials: Ensuring Compliance When Conducting and Advertising Prize and Premium PromotionsAmy Kingham Kyle-Beth Hilfer Promotions are a vital marketing tool for many businesses, however manufacturers, retailers and other advertisers must navigate a regulatory maze of 50-state laws as well as federal (and overseas) regulations to conduct and advertise a promotion. This panel will examine the practicalities of achieving marketing success while ensuring compliance with existing promotions laws surrounding prizes, sweepstakes and gift with purchase promotions. |
12:00 |
Runaway Claims: Exploring Ad Claims Gone Wrong and Strategies for Getting Them Back on TrackLauren Aronson Melissa Landau Steinman La Toya Sutton This interactive session will examine a series of advertising campaigns that took unexpected twists and presented potentially unsubstantiated claims. Using live polling, the attendees will get the opportunity to weigh in on where the claims went wrong and share insights on how they might be rectified. The panelists will then provide guidance on how marketing and legal departments can best work together to avoid unwanted consequences when claims go off track. |
1:00 |
Conference Concludes |
Workshop A — Advertising Claims 101: The Essential Building Blocks of a Successfully Substantiated Advertising Campaign
Megan Olsen
Senior Vice President & General Counsel
Council for Responsible Nutrition
Kristin Marchesiello
Senior Marketing Counsel
Unilever
Katie Bond
Partner
Keller and Heckman LLP
Pamela Deese
Partner
ArentFox Schiff LLP
What is it about?
The session will provide a comprehensive overview of both the content and terminology used to support claim substantiation for product and service advertisements, as well as the higher standards applied to comparative claims. Whether you are new to the industry, or an advertising professional interested in a refresher, this pre-conference workshop will provide the foundation for the main conference.
Points of discussion will include:
- When is substantiation required? Benefits of truthful claims
- Defining key advertising terms relative to claims substantiation Claim
- Reasonable basis
- Competent and Reliable
- Highest possible standard
- How much substantiation is needed?
- “Tests Prove” – “Studies Show” – “Doctors Recommend” – “Health and safety claims”
- Differentiating between express vs. implied claims
- What evidence is necessary to substantiate a claim? How to examine the quality of the substantiation—it is not all created equal
- Exploring the role of statistics and scientific evidence in the claim substantiation process
- Examining testing requirements used to substantiate claims
- Are the tests required dependent on the type of claim?
- How do these tests differ based on the product or service?
- Using experts, consumer surveys and other extrinsic evidence to determine what an ad conveys
- How to appropriately use qualifications or disclosures in advertising
- Comparative claims: pitfalls and standards
- Exploring ways in which a substantiated claim may be utilized
- Understanding the interplay between marketing and legal departments when making a claim on a product or service
- Identifying regulatory bodies and watchdog groups that monitor advertising—there are real consequences to false claims
- FTC, NAD, CARU
- State Regulatory Agencies and Attorneys General Offices
- Network Reviews; Advertiser Litigation; Class Actions
- Examining the steps in the creation of an advertising campaign relative to claims substantiation
- Understanding how the requirements for substantiation change when working with a new product vs. an established product
- Ensuring the method matches the message
- Key language to use and avoid in an advertisement
- Successfully displaying a stated goal
- Understanding when a trademark can be considered a claim
- Using US origin as a claim
Workshop B — Social Media Claims Substantiation Master Class: A Comprehensive Guide for Making Compliant Claims on Social Media in a Time of Evolving Agency Guidance
Amy Kingham
Compliance Manager
PromoVeritas
Paavana Kumar
Partner
Davis+Gilbert LLP
Emily Faro
Associate
Reed Smith LLP
What is it about?
In an era where Facebook, Instagram TikTok, and product user reviews are major sources of information for consumers, brands across all industries are wise to include social media in their marketing strategy. However, when dealing with non-traditional tactics such as influencer marketing, online celebrity endorsements or consumer reviews, companies must be diligent in ensuring that claims about their products are thoroughly substantiated, appropriate disclosures are made, and compliance teams are aware of the latest regulatory guidance and concerns. This panel will explore topics including:
- Determining how to compliantly promote your product on social media and win consumer confidence while staying out of trouble with the regulators
- Examining FTC’s final set of revised Endorsement Guides
- What has changed in terms of substantiation requirements and what areas of focus are on the horizon for the Commission?
- What are the implications for industry?
- Understanding the different requirements and best practices relative to:
- Consumer endorsements vs. expert endorsements vs. celebrity endorsements
- Endorsements vs. testimonials
- Endorsers vs. influencers
- Disclosures of material connections to the brand or seller of the advertised product
- Reviews on other third-party websites
- Reposted or repurposed reviews
- Review platforms and algorithms
- Determining the scientific evidence necessary to meet FTC social media claim substantiation standards
- Evaluating protections afforded by various types of disclosures
- Developing contractual parameters on what influencers and endorsers may say
- Influencing your influencers: preventing rogue influencers from touting unsubstantiated claims and implementing safeguards against influencer campaign liabilities
- Navigating the risks associated with brand promotion on e-commerce platforms
- Planning and executing multi-platform social media sweepstakes, contests, and promotions while ensuring compliance with state and federal laws and claim substantiation requirements