BBB National Programs President & CEO Eric D. Reicin provides opening remarks on industry self-regulation and introduces National Advertising Division Vice President Phyllis Hurwitz Marcus to welcome attendees to NAD 2026 and share information about CLE credits.  

National Advertising Division attorneys provide an overview of trends and recurring issues from NAD decisions over the past year, highlighting key decisions, new industries and products, and the continued use of AI and influencers in advertising.  

Influencer marketing continues to be a powerful tool for brands, but maintaining consumer trust requires authenticity, transparency, and accountability. Hear from the Center for Industry Self-Regulation’s (CISR) Institute for Responsible Influence (IRI) and TikTok for an update on the latest developments and industry efforts to promote responsible influencer marketing practices. 

This panel will explore the new ways brands, content providers, and agencies are creating content, and when such content becomes advertising. 

Commissioner Sam Levine will reflect on his various experiences in government, including as the current head of the NYC Department of Consumer and Worker Protection, in conversation with former BCP Director Lydia Parnes 

There may often be more than one way to support a particular claim, especially when there are overlapping regulatory requirements. When can brands rely on objective or subjective data? Can market surveys support claims? Can AI be used to support a claim?  

False advertising disputes can play out in different arenas—at NAD, or in the courts either under the Lanham Act or in a consumer class action—each with its own rules about, among other issues, who can sue, what must be proved and how, and what relief is available. This panel unpacks the differences in false advertising litigation across these three forums as well as the intersections that sometimes arise between them, and a includes a federal judge’s “view from the bench.”

Companies want to maximize engagement with consumers, and the attorneys representing them want to maximize efficiency. But what are the ethical pitfalls? This panel will explore the latest ethics opinions on these issues and provide guidance on how best to toe the line.  

Learn about recent updates and proposed changes to the NAD process, what is driving them, and what they could mean for parties navigating future challenges.