Enjoy breakfast and coffee before NAD day 2 begins. 

Day 2 will focus on the next era of ad law and address issues facing advertisers on the road ahead. 

This panel will examine the ever-evolving ESG landscape.  Panelists will review current issues in the environmental space, from supply-chain issues and the challenges of developing appropriate claim support as well as explore key social and governance issues, including labor and human rights issues and the legal implications when companies advertise ESG initiatives.

Consumers rely on information found on both social media and retail platforms to make purchases. Understanding the multi-layered process around collecting and posting reviews, and relationships that underlie much sponsored content are essential to guide advertisers in applying FTC guidance in unfamiliar territory and maintaining consumer trust in the legitimacy of reviews and ratings. Equally important is an understanding of the rules for advertisers’ use of consumer endorsements and testimonials, which are especially important in today’s era of social media influencer marketing. The panel will examine the challenges associated with leveraging consumer reviews and endorsements to drive product sales and promotion, and how advertisers can avoid the blurring of lines between advertising and editorial content to avoid regulatory enforcement and misleading consumers. The session will include a discussion of the FTC’s recently announced final revisions to its Endorsement Guides and proposed new Rule on the Use of Consumer Reviews and Testimonials. 

Artificial Intelligence (AI) is here to stay. This panel will look at AI’s impact on advertising and emerging legal issues surrounding claims about AI to the placement of advertising in generative AI and explore both legal and ethical considerations.  

NAD will provide an update on the recent changes to its policy and procedures for Fast Track SWIFT challenges and insights and trends on how parties are using the SWIFT, Complex and Disclosure tracks. NAD will also provide updates on other proposed changes to its policies and procedures.

This panel will review the recent activity at the FTC, challenges to its authority (including a discussion of the Supreme Court decision in Axon) and any impact this may have on advertising, advertising self-regulation and advertising litigation. 

The National Advertising Division ends each conference with a look into a crystal ball. In this session, we explore what is ahead for advertising industry self-regulation in the next year and then make our predictions about what is just over the horizon in the broader ad law landscape, including international self-regulatory policy developments.