FTC Commissioner Melissa Holyoak will explain her approach to key consumer protection issues, including privacy and artificial intelligence. In her remarks, Commissioner Holyoak will emphasize that while the Commission should do its utmost to fulfill its mission to protect consumers and promote competition, the Commission must always act within the scope of the authority granted by Congress. 

You have testing, but how can you actually use the data in hand? The panel will examine the complexities of extrapolating and using pre-existing testing and data for claim support. What is a “win” and how much do you need to win by? How can you use additional data to bridge a gap in support? What is the interplay between statistical significance and consumer relevance? What limitations are there in clinical data? How far can the data really take your claims? This panel will share their varying perspectives on how existing testing can (and cannot) be used to support a variety of different claims.

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?

This panel will explore when advertising and marketing is just aggressive and when it crosses the line to be a “dark pattern.” We’ll talk about “junk fees,” negative option programs, UX functionality and disclosures in marketing assets, and more, and 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’ll also hear from an expert in consumer behavior and research. 

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. 

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 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. 

NAD’s Katherine Armstrong discusses the responsible application of artificial intelligence (AI) in advertising with a panel of legal and policy experts from the US and the UK.