In today’s competitive market, challenging a rival’s advertising claims can be an effective way to protect your brand and ensure fair competition. However, success in these disputes requires a deep understanding of the legal framework and a strategic approach. This comprehensive workshop will explore the key steps to take when challenging your competitors’ advertising claims, including the intricacies of navigating FTC and NAD proceedings. Our panel will provide practical insights on:

• Making the decision of whether to challenge a competitors claim, and when to do it
• Formulating a clear and effective strategy for challenging a competitor’s claim, including setting objectives and assessing the potential impact on your brand
• Understanding the types of evidence and scientific support needed to substantiate your challenge and win in court or before regulatory bodies
• Navigating the regulatory and self-regulatory processes: understanding what steps need to be taken with the FTC, NAD and other agencies to initiate and resolve an advertising dispute and how to effectively utilize their platforms
• A step-by-step guide for how to leverage NAD processes to address misleading claims
• Developing a working knowledge of how the NAD functions and its review systems
• Assembling a checklist on the essentials and protocols of appearing before the NAD
• Identifying common red flags for NAD relative to unsubstantiated claims
• Navigating your way through an NAD proceedings
• Establishing best practices that can help you work with the NAD to find common ground in clarifying a claim
• Managing the dispute process: best practices for engaging with competitors, regulatory agencies, and legal counsel throughout the dispute resolution process to achieve favorable outcomes
• Employing strategies to minimize risk of counterclaims or retaliation from competitors during or after a challenge