Check back frequently for updates to the conference agenda.

9:00 AM - 9:15 AM

National Advertising Division Vice President Laura Brett is joined by BBB National Programs President & CEO Eric Reicin to welcome attendees to NAD 2024 and provide remarks, housekeeping items, and information about gaining CLE.

9:15 AM - 10:15 AM

National Advertising Division attorneys provide an overview of trends and recurring issues from industry self-regulation cases over the past year, including compliance cases and regulatory referrals.

10:15 AM - 10:45 AM
10:45 AM - 12:15 PM

Part A: 10:45 – 11:35 - Objective claim or puffery? 

What the puff? Sometimes it’s hard to distinguish between mere puffery and an objective claim. Marketers are extremely creative and can develop all kinds of collateral, including words, language, images, symbols, and even names where some may say “claim!” and others may say “puffery!” This panel will examine the rules of the road to determine if your advertising is puffery or conveys an objective claim that requires substantiation. 

Part B: 11:35 – 12:15 – What is the best support for my claim? 

What’s the best test to support your claim - independent testing vs. in-house testing, consumer use test vs. panel tests, analytic testing or descriptive panels? How are developments in technical evidence and processes impacting claim substantiation?

12:15 PM - 1:15 PM
1:15 PM - 2:00 PM

Bureau of Consumer Protection Director Samuel Levine will describe what is on the Federal Trade Commission’s (FTC) radar for this year and highlight relevant cases on critical ad law topics.

2:00 PM - 3:00 PM

From carbon neutral to aspirational claims, this panel will share a range of perspectives on the current and future risk and regulatory landscape in the U.S. and internationally.

3:00 PM - 3:30 PM
3:30 PM - 4:15 PM

When do I need a consumer perception survey? What is the best use of an expert in a case? National Advertising Division vice president, Laura Brett, is joined by BakerHostetler’s Amy Mudge to answer questions about these and other best practices and procedures for all practitioners.

4:15 PM - 4:45 PM
4:15 PM - 5:15 PM

Please stay tuned as we will be announcing our keynote speaker soon!

5:15 PM - 6:30 PM
9:00 AM - 9:05 AM
9:05 AM - 10:05 AM

We have claims requiring substantiation and we figured out what testing we need -- now what? This panel will examine the interplay between consumer relevance and statistical significance for a wide variety of claims and industries.

10:05 AM - 10:35 AM
10:35 AM - 11:15 AM

Advertisers and NAD rely on FTC rules and guidance to ensure truthful and accurate advertising, but what is an advertiser to do when updated guidance and proposed rules are treated like established law? And what is the government’s obligation when litigated decisions contradict that guidance? How should NAD balance its interest in maintaining FTC support for industry self-regulation with advertisers’ insistence that the FTC is not focusing on its statutory obligation to ensure claims are not false or otherwise deceptive?

11:15 AM - 12:15 PM

When is advertising and marketing just aggressive and when does it cross the line to be a “dark pattern”? This panel will talk about “junk fees,” negative option programs, UX functionality and disclosures in marketing assets, and more to help identify where to draw the line to avoid running afoul of legal and regulatory requirements and NAD principles governing truth and fairness in advertising. In addition to hearing the perspectives of an NAD lawyer, in-house counsel and outside counsel, you will also hear from an expert in consumer behavior and research.

12:15 PM - 1:15 PM
1:15 PM - 1:45 PM

Emese Gormley is a fashion industry veteran and co-host of the beauty podcast “Lipstick on the Rim with Molly Sims.” Her Instagram channel (@emesegormley) provides trustworthy beauty and fashion advice. This interview will be a discussion of unpaid vs. organic content, social media disclosures, and the importance of being your authentic self.

1:45 PM - 2:45 PM

Influencer marketing is talked of as the latest advertising trend, yet the concept of celebrity and consumer endorsements has existed for ages. This panel examines how the updated FTC guides on Endorsements and Reviews apply to the latest trends in influencer marketing including content creators, platform disclosure tools, AI influencers and expert endorsements. The panel will also discuss incentivized reviews, star ratings and how brands can properly curate or organize their reviews under FTC and NAD guidance.

2:45 PM - 3:00 PM
3:00 PM - 4:00 PM

NAD’s Katherine Armstrong sits down with the FTC’s Associate Director, Advertising Practices Serena Viswanathan to discuss the responsible application of artificial intelligence (AI) in advertising.

4:00 PM - 4:30 PM