ACI's 8th Annual Legal, Regulatory and Compliance Forum on Advertising Claims Substantiation - WEB

EARN CLE CREDITS

ACI’s 8th Annual

Legal, Regulatory and Compliance Forum on

Advertising Claims Substantiation February 6 – 7, 2025 • New York Bar Association, New York, NY DISTINGUISHED CO-CHAIRS Allison MacDonald Senior Corporate Counsel, Marketing Amazon

In-House Insights from:

Amy Ralph Mudge

Partner and Chair, Advertising, Marketing & Digital Media Practice Group Baker & Hostetler LLP

La Toya Sutton

Director of Legal, Marketing and Communications The Clorox Company

2025 Conference Highlights:

• Brother USA

• Reckitt

CHEVRON-RIGHT

Ensuring Proper Claims Substantiation When Leveraging AI in Your Ad Campaigns

• Capital One

• SC Johnson

CHEVRON-RIGHT

• Colgate-Palmolive

• Sony Interactive Entertainment

Avoiding Unsubstantiated Claims While Managing Consumer Reviews, Endorsements and Influencers

CHEVRON-RIGHT

Steering clear of E-Commerce Landmines Involving Junk Fees, Negative Options, and Dark Patterns

• Unilever

CHEVRON-RIGHT

Overcoming Challenges in Substantiating ESG and Corporate Sustainability Claims

• Verizon

CHEVRON-RIGHT

Lessons Learned from Marketing Misfires and Ad Campaigns Gone Wrong

• Whole Foods Market

CHEVRON-RIGHT

Compliance Essentials for Promotions, Sweepstakes, and Gamification

CHEVRON-RIGHT

Mastering the Numbers: Interpreting Statistics for Ad Claims Substantiation

• Danone

• SuperAwesome

• Google • Henkel • Marriott International • Paypal

REGISTER NOW

AmericanConference.com/Advertising-Claims-Substantiation • 888 224 2480

Associate Sponsor

a C5 Group Company Business Information in a Global Context

Master the Complexities of Substantiating Your Advertising Claims in Today’s Fast-Paced, Digital-First Marketplace.

With evolving consumer expectations, increased regulatory scrutiny, and the growing influence of social media and digital advertising – substantiating advertising claims has become more complex than ever.

Attend ACI’s 8th Annual Advertising Claims Substantiation Conference and learn how to substantiate your claims effectively to avoid legal pitfalls, protect your brand’s reputation, and build consumer trust. Stay ahead of evolving regulations and ensure your marketing strategies are both persuasive and compliant.

Gain Valuable Insights On: Play-circle Navigating the FTC’s Final Rules on Testimonials and Consumer Reviews Play-circle Using GenAI, Virtual Influencers and Other AI-Enabled Tools in Your Ad Campaigns Play-circle Traversing The FTC’s Latest Rules on Junk Fees and Subscription Offerings Play-circle Bridging the Gap Between Legal and Marketing Teams When Launching a New Product Play-circle Backing Your Health & Wellness Claims with Competent and Reliable Scientific Evidence Play-circle Claims Substantiation Lessons Learned from Recent Class Action Trends REGISTRATION IS NOW OPEN. We look forward to seeing you in New York City this February.

EARN CLE CREDITS

Continuing Legal Education Credits

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.AmericanConference.com/Accreditation/CLE/

Media Partner

2 | LINKEDIN Advertising Law for Legal Professionals in North America

cogs Plus!

Benefit from One or Both of Our Comprehensive Workshops

A

PRE-CONFERENCE WORKSHOP February 5, 2025 • 1:30 – 5:00 Advertising Claims 101: The Essential Building Blocks of a Successfully Substantiated Advertising Campaign

B

POST-CONFERENCE WORKSHOP February 7, 2025 • 2:00 – 5:00 A Comprehensive Guide to Competitor Advertising Challenges: Exploring Your Options, Developing Strategies, and Navigating the Courts, FTC, and NAD Proceedings

ASSOCIATE SPONSOR PromoVeritas are the global promotional compliance specialists. Helping brands big and small including Amazon, Mondelez and Budweiser close the gap between creative marketing ideas and legally compliant execution. Since 2002, PromoVeritas has safely managed over 18,000 promotions across 93 countries and awarded over $40 million of prizes on behalf of their clients. The unique team of happy-makers draft & review Official Rules for all international markets, build digital entry portals, randomly select prize draw winners, judge competitions, manage winner communications, and buy and fulfil prizes.

Headquartered in London, UK with offices in New York, USA, PromoVeritas truly power promotions worldwide.

Distinguished Faculty Dakotah Burns

CO-CHAIRS

Allison MacDonald

Senior Corporate Counsel, Marketing Amazon

Amy Ralph Mudge

Partner and Chair, Advertising, Marketing & Digital Media Practice Group Baker & Hostetler LLP

La Toya Sutton

Director of Legal, Marketing and Communications The Clorox Company SPEAKERS

Katherine Armstrong

Deputy Director National Advertising Division (NAD)

Penelope Barnett

Counsel Patterson Belknap Webb & Tyler LLP

Nicholas Camillo

Senior Counsel, Sales & Marketing Volkswagen Group of America, Inc.

Jacqueline Chan

Assistant General Counsel, Regulatory & Marketing Unilever

Andra Dallas

Senior Counsel, Head of Legal Marketing PayPal

Christine DeLorme

Jason Howell

Raqiyyah Pippins

Co-Chair, Advertising, Marketing & Public Relations Group Frankfurt Kurnit Klein & Selz PC

Partner Arnold & Porter

Robert Jones

Global Counsel SC Johnson Lifestyle Brands

Vice President and Head of Regulatory and Scientific Affairs Nestlé Health Science

Kawana King

Tom Rosholt

Amy Kingham

Jennifer Santos

Susan Lester

Michael Sochynsky

Senior Counsel Google

Global Compliance Manager PromoVeritas

Assistant General Counsel Kimberly-Clark North America

Brad Eshgh

Andrew Lustigman

Barry Benjamin

John Feldman

Partner Kilpatrick, Townsend & Stockton

Partner Reed Smith

Katie Bond

William Frazier

Counsel, Marketing and Advertising Verizon

Senior Principal Legal Counsel Whole Foods Market

Mark Brian Levine

Senior Manager, Brand Marketing Reckitt Benckiser

Valerie Boccadoro

Urmi Patel

Assistant General Counsel Henkel

Attorney, Division of Advertising Practices Federal Trade Commission

VP, Chief Marketing Counsel NA Colgate-Palmolive

Partner Keller & Heckman LLP

Seth Hopson

Associate General Counsel Reckitt Partner, Advertising Marketing and Promotions Group Chair Olshan Frome Wolosky

David Mallen

Co-Chair, Advertising Disputes Loeb & Loeb

Attorney, National Advertising Division (NAD) BBB National Programs

Holly Melton

Katie Goldstein

Amanda Morton

Global Head of Policy and Regulatory Affairs SuperAwesome

Partner Crowell & Moring LLP Advertising Compliance Director Brother USA

Trent Norris

Partner Hogan Lovells LLP REGISTER NOW

AmericanConference.com/Advertising-Claims-Substantiation • 888 224 2480

Barry Ritz

Owner/Principal Tom Rosholt Consulting, Inc. Attorney National Advertising Division (NAD) Marketing & Sales Counsel Danone

Bezalel Stern

Partner Manatt, Phelps & Phillips, LLP

Hannah Taylor

Partner, Co-Chair, Advertising and Emerging Technology Groups Frankfurt Kurnit Klein & Selz

Ivan Wasserman

Partner Amin Wasserman Gurnani LLP

Kristi Wolff

Partner Davis Wright Tremaine LL

Helen Wu

Senior Director, Legal & Public Policy – Marketing and Advertising Counsel Sony Interactive Entertainment a C5 Group Company Business Information in a Global Context

Pre-Conference Workshop A February 5, 2025 • 1:30 – 5:00

The quality of the speakers was really terrific.

– Partner, ArentFox Schiff LLP

Advertising Claims 101: The Essential Building Blocks of a Successfully Substantiated Advertising Campaign The session will provide a comprehensive overview of both the content and terminology used to support claim substantiation for product and service advertisements, as well as the higher standards applied to comparative claims.

Whether you are new to the industry, or an advertising professional interested in a refresher, this pre-conference workshop will provide the foundation for the main conference.

Amanda Morton

Points of discussion will include:

Michael Sochynsky

Advertising Compliance Director Brother USA

Marketing & Sales Counsel

• When is substantiation required? Benefits of truthful claims Danone • Defining key advertising terms relative to claims substantiation » Reasonable basis » Highest possible standard Holly Melton » Competent and Reliable Partner • How much substantiation is needed?

Crowell & Moring LLP » Tests Prove » Doctors Recommend » Studies Show » Health and safety claims • Differentiating between different types of claims » Express vs. implied • What evidence is necessary to substantiate a claim? How to examine the quality of the substantiation—it is not all created equal • Exploring the role of statistics and scientific evidence in the claim substantiation process • Understanding the different levels of substantiation required for FDA-regulated products vs. non-FDA regulated products • Examining testing requirements used to substantiate claims » Are the tests required dependent on the type of claim? » How do these tests differ based on the product or service?

• Using experts, consumer surveys and other extrinsic evidence to determine what an ad conveys • How to appropriately use qualifications or disclosures in advertising • Comparative claims: pitfalls and standards • Exploring ways in which a substantiated claim may be utilized • Understanding the interplay between marketing and legal departments when making a claim on a product or service • Identifying regulatory bodies and watchdog groups that monitor advertising—there are real consequences to false claims » FTC » NAD » Advertiser Litigation » State Regulatory Agencies and Attorneys General » CARU » Class Actions Offices » Network Reviews • Examining the steps in the creation of an advertising campaign relative to claims substantiation • Understanding how the requirements for substantiation change when working with a new product vs. an established product • Ensuring the method matches the message • Key language to use and avoid in an advertisement • Successfully displaying a stated goal • Understanding when a trademark can be considered a claim

4 | LINKEDIN Advertising Law for Legal Professionals in North America

Main Conference Day 1 February 6, 2025 8:30

– Specialist, Regulatory & Scientific Affairs, Nestle Health Science U.S.

Opening Remarks from the Co-Chairs Allison MacDonald

Senior Corporate Counsel, Marketing Amazon

8:45

The event was filled with extremely knowledgeable speakers who presented valuable information.

Amy Ralph Mudge

Partner and Chair, Advertising, Marketing & Digital Media Practice Group Baker & Hostetler LLP

La Toya Sutton

Director of Legal, Marketing and Communications The Clorox Company

What’s Keeping You Up at Night?

In-House Counsel Describe Their Biggest Advertising and Claims Substantiation Concerns as They Enter 2025

Setting the stage for this year’s conference, a panel of cross-industry in-house counsel will address the most challenging advertising and claims substantiation developments of the last year, as well as predictions for the year ahead. Points of discussion will include:

Seth Hopson

• An analysis of key recent cases and enforcement actions by the FTC, NAD, state attorneys general, and private litigants that have shaped advertising and claims substantiation practices

Allison MacDonald

• What the Supreme Court’s decision in Loper Bright Enterprises might mean for the future of FTC rulemaking

Assistant General Counsel Henkel Senior Corporate Counsel, Marketing Amazon

• New and upcoming regulatory guidelines expected to influence claims substantiation in the next year

9:45

Assistant General Counsel Kimberly-Clark North America MODERATOR:

Raqiyyah Pippins Partner Arnold & Porter

Spotlight Session: Q+A with the FTC and the NAD

Join us for a much-anticipated discussion with the FTC and NAD. Gain critical insights into the latest priorities, initiatives and investigations being undertaken by these agencies to advance the truth and accuracy in advertising.

10:30

Susan Lester

Morning Coffee Break

Christine DeLorme Attorney, Division of Advertising Practices Federal Trade Commission

Jennifer Santos

Attorney National Advertising Division (NAD)

MODERATOR:

Amy Ralph Mudge

Partner and Chair, Advertising, Marketing & Digital Media Practice Group Baker & Hostetler LLP

With conferences in the United States, Canada, Latin America and Europe, the C5 Group of Companies: American Conference Institute,

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Main Conference Day 1 February 6, 2025 11:00

AI and the Future of Advertising – PART 1 Successfully Integrating AI Into Your Ad Campaigns While Adhering to Evolving Regulatory Standards

As AI is revolutionizing the advertising industry, it is also bringing new challenges around ad claims accuracy, substantiation, and regulatory compliance. This panel will explore how brands can harness the potential of AI and ensure claims are transparent, truthful, and substantiated to avoid scrutiny. Join leading advertising counsel as they discuss:

Kawana King

• The latest trends in regulatory enforcement related to AI-generated claims, and what brands need to know to stay compliant

Hannah Taylor

• The specific AI products, platforms and practices that the FTC is closely watching and how to leverage them while avoiding scrutiny • How to sufficiently document the creative process used to create ads when using AI, and ensuring AI-generated claims are backed by reliable data and clear evidence • The dangers of “hallucinations” or misinformation in ads created in whole or in part by AI • Ethical considerations of AI in advertising, including misleading personalization and bias • Some of the most notable AI campaigns of the past year and key takeaways for maintaining compliance with evolving standards

12:00

Networking Luncheon

1:00

A New Era of Endorsements, Testimonials, and Consumer Reviews: Navigating the FTC’s Final Rule and Emerging Areas of Risk for Enforcement and Penalties

In an era where consumer reviews, endorsements, and testimonials heavily influence purchasing decisions and brand reputation, companies face increasing pressure to ensure transparency and compliance with ever-evolving regulations. With recent new rules from the FTC reshaping how businesses can utilize influencer partnerships, customer feedback, and testimonials in their marketing strategies, this panel will dive into: • How businesses can effectively avoid misleading or unsubstantiated advertising claims while managing endorsements and influencer partnerships • Developing contractual parameters on what influencers and endorsers may say • Implementing safeguards against influencer campaign liabilities, including rogue influencers who might tout unsubstantiated claims • Evaluating the protections offered by various types of disclosures for endorsements made across different platforms and mediums (social media, websites, TikTok, podcasts, etc.)

• An overview of new state-specific laws governing child influencers and influencer compensation • Examining specific consumer review practices that the FTC is now targeting for enforcement activity and penalties under the new final rules • Understanding the different requirements and best practices relative to: incentivized reviews, insider reviews, hijacked reviews, reviews on other third-party websites, reposted or repurposed reviews, review platforms and algorithms, etc.

• Avoiding FTC penalties: Real-world examples of how companies have navigated the gray areas of the new rules to ensure compliance

2:00

Senior Counsel Google

Partner, Co-Chair, Advertising and Emerging Technology Groups Frankfurt Kurnit Klein & Selz MODERATOR:

David Mallen

Co-Chair, Advertising Disputes Loeb & Loeb

Penelope Barnett

VP, Chief Marketing Counsel NA Colgate-Palmolive

Andrew Lustigman

Partner, Advertising Marketing and Promotions Group Chair Olshan Frome Wolosky

Helen Wu

Senior Director, Legal & Public Policy – Marketing and Advertising Counsel Sony Interactive Entertainment

Junk Fees, Negative Options, and Even Darker Patterns: Avoiding the Latest E-Commerce Advertising Landmines

As e-commerce continues to grow, tactics like junk fees, negative option marketing, and dark patterns are drawing increased scrutiny from regulators, enforcers and consumer advocates alike. With the FTC and other regulatory bodies cracking down on these practices, navigating the blurred lines between persuasive design and deceptive marketing is more important than ever. This panel will explore: • The FTC’s new Negative Options Rule and their latest rules on junk fees • How to determine when your website design and advertising practices cross into the deceptive territory, and the specific tactics that are triggering enforcement activity • How regulators are addressing junk fees, hidden costs and sneaky add-ons and what companies must do to ensure fee transparency • Developing a compliance plan for subscription models and automatic renewals to stay on the right side of the latest enforcement trends • Strategies for avoiding dark patterns and implementing consumer-friendly, transparent advertising and marketing techniques

6 | LINKEDIN Advertising Law for Legal Professionals in North America

Nicholas Camillo

Senior Counsel, Sales & Marketing Volkswagen Group of America, Inc.

Jason Howell

Co-Chair, Advertising, Marketing & Public Relations Group Frankfurt Kurnit Klein & Selz PC

Main Conference Day 1 February 6, 2025 2:45

Mastering the Numbers: How Marketing Lawyers Can Effectively Read, Understand, and Translate Statistics for Advertising Claims Substantiation

In today’s data-driven advertising landscape, in-house marketing lawyers must be equipped with the tools to confidently interpret and evaluate statistical evidence used to back advertising claims. In this session, legal practitioners and statistical experts will discuss: • The fundamentals of reading and understanding study results • Common statistical pitfalls to avoid in the substantiation process • How to translate complex data into clear, defensible language for regulatory review • How to align legal strategies with the scientific accuracy needed to substantiate claims and avoid regulatory scrutiny

Andra Dallas

Senior Counsel, Head of Legal Marketing PayPal

Tom Rosholt

Owner/Principal Tom Rosholt Consulting, Inc.

3:15

Afternoon Break

3:30

Health and Wellness Advertising Under Attack: Backing Your Claims with Competent and Reliable Scientific Evidence to Withstand Heightened Scrutiny

As the post-pandemic health and wellness market continues to boom, consumers increasingly rely on scientific claims to make informed decisions. But with heightened scrutiny from regulators, brands must ensure that their advertising claims are not only persuasive but also scientifically substantiated. Failure to back claims with credible evidence can lead to regulatory penalties, reputational damage, and consumer mistrust. This panel will explore: • The heightened legal and ethical responsibilities associated with substantiating health and wellness claims • The latest standards and guidelines from the FTC, FDA, and other authorities on making wellness claims • Building a robust substantiation strategy: gathering and presenting sufficient scientific evidence that withstands scrutiny • Common pitfalls and risk areas: avoiding misleading or unverified claims that could trigger enforcement actions • Lessons from companies that have successfully (and unsuccessfully) navigated scientific validation of health/wellness claims in their advertising

4:15

REGISTER NOW

Partner Keller & Heckman LLP

Barry Ritz

Vice President and Head of Regulatory and Scientific Affairs Nestlé Health Science

Ivan Wasserman

Partner Amin Wasserman Gurnani LLP

Lessons Learned from Marketing Misfires: Key Takeaways from the Frontlines of Ad Campaigns Gone Wrong and Critical Claim Substantiation Missteps

Through a series of first-hand accounts, this panel will share real-world examples of marketing campaigns that went sideways, including critical lessons learned from claim substantiation failures. Benefit from hearing about common (and not so common) pitfalls in advertising endeavors, unforeseen challenges, regulatory missteps, and the consequences of insufficient evidence backing product claims. Attendees will gain valuable insights into how to avoid these errors and develop robust, compliant marketing strategies that protect both their brand and bottom line.

5:00

Katie Bond

Conference Adjourns AmericanConference.com/Advertising-Claims-Substantiation • 888 224 2480

Barry Benjamin

Partner Kilpatrick, Townsend & Stockton

La Toya Sutton

Director of Legal, Marketing and Communications The Clorox Company

a C5 Group Company Business Information in a Global Context

Main Conference Day 2 February 7, 2025

The actual content presented at the conference was relevant, helpful and insightful to those in advertising law.

– Advertising Compliance Manager, Brother International Corporation

8:30

Co-Chairs’ Welcome Back

8:45

Insulating Yourself from Plaintiff Bar Attacks: Incorporating Lessons from Recent Advertising Claims Class Actions Into Your Future Claims Substantiation Strategies

• Reviewing key class action rulings on advertising claims substantiation from 2024: what are the most significant trends and takeaways?

• Identifying recent trends in claim disputes and spotlighting the types of claims businesses should avoid to minimize future litigation risks • Evaluating the financial impact of misleading claims – how are these decisions affecting a company’s profitability?

9:30

Mark Brian Levine

Associate General Counsel Reckitt

Trent Norris

Dakotah Burns

Counsel Patterson Belknap Webb & Tyler LLP

Partner Hogan Lovells LLP

An Interactive Mock-Product Launch Exercise: Understanding How to Support Your Business While Also Being a Good Lawyer

Legal and marketing teams oftentimes engage in a battle of the wills during a new product launch. What can and cannot be claimed becomes a compliance tug of war.

In this interactive session, our panelists will engage in a product launch role-playing exercise which will demonstrate how to bridge the gap between legal and marketing teams. You will learn how to effectively support your marketing team’s creative vision while ensuring compliance with all legal and regulatory standards. Attendees will walk away with an understanding of how to balance business goals with sound legal counsel, and the tools to be both a proactive business partner and a diligent lawyer.

10:15

Morning Coffee Break

10:45

Avoiding Critical Compliance Pitfalls with ESG and Corporate Sustainability Claims

As ESG initiatives take center stage, companies are increasingly promoting their sustainability efforts through advertising. From green claims to responsible sourcing and ethical hiring practices, businesses must ensure their messaging is compliant with evolving regulatory standards, as misleading, exaggerated or unsubstantiated claims can lead to regulatory actions, reputational damage, and consumer distrust. This panel will explore: • What it really means to be “green” in 2025: meeting the latest compliance requirements for environmental claims • What exactly you need to show to back up claims of climate reduction, sustainability, carbon neutrality, and beyond • How to substantiate ESG claims with credible evidence and transparent reporting to withstand regulatory scrutiny • An examination of the latest enforcement actions based on misleading claims that products are “responsibly sourced” • How to ensure your ethical hiring claims are sufficiently backed up when the regulators come knocking • Insights into upcoming changes in ESG-related compliance and how to future-proof your sustainability claims • Exploring successful ESG campaigns and cautionary tales of companies that have faced challenges due to poorly substantiated or exaggerated corporate sustainability claims

8 | LINKEDIN Advertising Law for Legal Professionals in North America

Valerie Boccadoro

Counsel, Marketing and Advertising Verizon

Brad Eshgh

Senior Manager, Brand Marketing Reckitt Benckiser

Katherine Armstrong

Deputy Director National Advertising Division (NAD)

Robert Jones

Global Counsel SC Johnson Lifestyle Brands

Kristi Wolff

Partner Davis Wright Tremaine LL

Main Conference Day 2 February 7, 2025 11:30

Ensuring Fair Play: Advertising Compliance Essentials for Promotions, Sweepstakes, and Gamification

Promotions, sweepstakes, and gamification are powerful tools for driving consumer engagement, but they come with a complex set of legal requirements. This panel will explore the key compliance challenges marketers face when launching these types of campaigns, including transparency, fairness, and adherence to regulatory standards.

Urmi Patel

Key points of discussion will include:

John Feldman

• Navigating FTC regulations, state laws, and international rules governing sweepstakes, prize promotions and gamified marketing campaigns • Best practices for avoiding deceptive advertising and ensuring transparency in promotions and contests • Navigating data privacy and consumer protection laws within interactive and gamified marketing experiences • Best practices for structuring compliant gamification elements that encourage consumer participation • Exploring successful case studies of compliant promotions, sweepstakes and gamified campaigns, and lessons from campaigns that faced legal challenges

Jacqueline Chan

Assistant General Counsel, Regulatory & Marketing Unilever

Amy Kingham

Global Compliance Manager PromoVeritas

Bezalel Stern

Partner Manatt, Phelps & Phillips, LLP

Conference Concludes

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Katie Goldstein

AI and the Future of Advertising – PART 2 Virtual Faces, Real Legal Risks: Managing the Unique Challenges of Using AI-Generated Influencers in Advertising

This panel will explore the emerging risks associated with using digital personas in marketing campaigns, including intellectual property concerns, consumer protection laws, disclosure requirements, and potential liability for misleading or deceptive practices. Attendees will walk away with an understanding of how brands can responsibly leverage virtual influencers while staying compliant with regulatory standards and minimizing legal exposure.

1:00

Partner Reed Smith

Global Head of Policy and Regulatory Affairs SuperAwesome

• Understanding the line between promotional sweepstakes and lottery/gambling

12:30

Senior Principal Legal Counsel Whole Foods Market

AmericanConference.com/Advertising-Claims-Substantiation • 888 224 2480

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Post-Conference Workshop B February 7, 2025 • 2:00-5:00

Excellent topics, knowledgeable presenters.

– Regulatory Affairs Manager, OLLY PBC

A Comprehensive Guide to Competitor Advertising Challenges: Exploring Your Options, Developing Strategies, and Navigating the Courts, FTC, and NAD Proceedings 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:

David Mallen

Co-Chair, Advertising Disputes Loeb & Loeb

William Frazier

• Making the decision of whether to challenge a competitors claim, and when to do it Attorney, National Advertising • Formulating a clear and effective strategy for challenging a competitor’s claim, including setting objectives and assessing Division (NAD) the potential impact on your brand BBB National Programs • 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

UPCOMING EVENTS

March 27 – 28, 2025 • New York, NY

April 29 – 30, 2025 • Chicago, IL

10 | LINKEDIN Advertising Law for Legal Professionals in North America

June 25 – 26, 2025 • New York, NY

VENUE

New York Bar Association 42 West 44th Street, New York, NY 10036 ACCOMMODATIONS American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate at the Sofitel Hotel.

To take advantage of these rates, please contact the hotel directly and quote “ACI’s Advertising Claims”.

Sofitel New York, 45 West 44th Street, Phone: 212-782-3021 Please note that the guest room block cut-off date is January 26, 2025. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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Emma McAdam VP, Government Affairs

Register and pay to lock in your early rate and be eligible for a full refund until January 23, 2025.

Janet Smith VP, General Counsel

Olivia Thomson Chief Compliance Officer

Luis Santos Director

If you are unable to attend for any reason, you will have the following options: y A full credit note for you, or a colleague to attend another event. y A full refund.

Ramesh Kumar Partner

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Jean Roux VP, Business Development

Allison MacDonald Senior Corporate Counsel, Marketing Amazon

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Amy Ralph Mudge

Partner and Chair, Advertising, Marketing & Digital Media Practice Group Baker & Hostetler LLP

La Toya Sutton

If you choose to attend via livestream you can expect true interaction virtually — from start to finish. Contact our customer service team at 1-888-224-2480 or customerservice@americanconference.com to learn more about this option.

Director of Legal, Marketing and Communications The Clorox Company

EMAIL: CustomerService@AmericanConference.com

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PRICING

Pre-Conference Workshop A: Advertising Claims 101

$600

Post-Conference Workshop B: Challenging the Claims of Your Competitors

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All program participants will receive an online link to access the conference materials as part of their registration fee.

Additional copies of the Conference Materials available for $199 per copy.

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