BBB National Programs Podcasts

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  • 10/27/2021 - Ad Watchers: What Evidence Do You Need to Support Health Claims?

    Any sort of advertising claims related to health or wellness have a special place within advertising claims substantiation: all advertising claims need a reasonable basis, but when it comes to health claims, that reasonable basis has to be competent and reliable scientific evidence, or CARSE. This means that the results of any study done should reflect how the product will work in practice. Tune in to the final episode of Ad Watchers Season One to hear hosts Hal Hodes and La Toya Sutton break down what this evidence should really look like in practice.
  • 10/20/2021 - Data Privacy Accountability in Practice: A Case Study of Cisco

    In this episode of The Accountability Studio, host Cobun Zweifel-Keegan is joined by Cisco's Vice President and Chief Privacy Officer, Harvey Jang, and BBB National Programs’ Director of Global Privacy Initiatives, Josh Harris, for a deep-dive into one company’s innovative approach to data privacy, accountability, and trust. Listen in to learn how Cisco developed its privacy program and how Jang and his team made privacy a business imperative for the company.

  • 9/22/2021 - Ad Watchers: When Are Advertisers Responsible for Consumer Ratings and Reviews?

    In the increasingly digital landscape, the influence of word-of-mouth has gone viral. Before making a purchase, consumers frequently turn to a product or service's reviews and ratings. Since consumers trust what other consumers have to say, brands want to leverage these voices—but are they responsible for them? In this episode, Hal and La Toya explore endorsements and testimonials, as well as the broader category of the implementation of user-generated content in advertising. Listen in to learn about the lines between user-generated content versus testimonials versus endorsements.

  • 9/15/2021 - What Do CARU’s Revised Guidelines Mean for Advertisers?

    Despite this generation’s comfort navigating digital spaces today, they still face the same cognitive limitations – and therefore, vulnerabilities – that they always have. This reality is just one of the reasons that BBB National Programs’ Children’s Advertising Review Unit (CARU) recently issued revised guidelines to assure that advertising directed to children is not deceptive, unfair, or inappropriate for its intended audience.
  • 8/18/2021 - Ad Watchers: The Best Podcast Episode Ever: What is Puffery?

    When you hear a claim in an advertisement like, “best in the world,” you probably know that the product has not been measurably proven to actually be the best in the world. And that’s okay, because this is an example of puffery, an exaggerated, blustering, or boastful statement or general claim that could only be understood to be an expression of opinion, not a statement of fact. But where is the line between puffery and a claim that needs a reasonable basis? In this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the questions they ask to determine whether or not a statement is puffery. Later in the episode, they are joined by their colleague Eric Unis to judge the Battle Royale of Puffery: each host presents cases that illustrate various types of this practice. Tune in to hear which of our hosts has the best examples of puffery in the universe!
  • 8/04/2021 - The Past and Future of Privacy Accountability: Is CBPR a Model?

    Listen to the latest episode of The Accountability Studio for an informative conversation on the cross-border privacy rules (CBPR) system, a voluntary framework with a global impact. BBB National Programs Director of Global Privacy Initiatives Josh Harris, and Sam Schofield, International Trade Specialist, Global Data Privacy, share their knowledge on the purpose and vision of the multi-layered Asia-Pacific Economic Cooperation CBPR system, moderated by Cobun Zweifel-Keegan, Deputy Director of Privacy Initiatives at BBB National Programs.
  • 7/21/2021 - Ad Watchers: How Do We Step into the Shoes of the Consumer?

    When you see an advertisement, you are likely taking in much more than just the words you are presented with. The visuals, sounds, and way the language is presented can all impact the implied messages that consumers take away. In general, advertisers are required to have a reasonable basis for all messages conveyed, whether express or implied – that’s the easy part. But figuring out what message(s) are conveyed in their advertising – and therefore what messages need to be substantiated – can be hard.
  • 6/09/2021 - Ad Watchers: What’s the Recipe for a Proper Advertising Disclosure?

    While it may seem like a niche issue to some, disclosures are something every advertising lawyer needs to know about. On this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the ‘Four Ps’ that advertisers must keep in mind when it comes to disclosures: prominence, presentation, placement, and proximity. Tune in to learn more about the ingredients you need for a properly disclosed advertising claim.
  • 5/12/2021 - Ad Watchers: What Does it Mean to Have a “Reasonable Basis” Standard?

    Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of the factors that form the flexible framework for advertising law today.
  • 4/21/2021 - With Great Power Comes Great Responsibility

    In the inaugural episode of The Accountability Studio, moderator Mary Engle, Executive Vice President, Policy poses a fundamental question to the leadership of BBB National Programs: Does independent, industry self-regulation really work? Program leaders responded with an emphatic ‘yes,’ but also laid out the numerous factors that can contribute to the success or failure of a self-regulatory initiative. Tune in to hear them discuss the problems in the marketplace that led to the creation of each of their programs, how their programs work, and what they think the future of independent industry self-regulation will look like.

  • 4/07/2021 - Ad Watchers: So, Who’s Making These Advertising Rules?

    National Advertising Division (NAD) attorneys Hal Hodes and La Toya Sutton break down the guiding principle behind all NAD decisions: consumer understanding. Hal and La Toya discuss what it means to step into the shoes of the consumer and break down all the factors that NAD takes into consideration during an advertising review that regulators (e.g., the FTC or FDA) may not.  
  • 1/27/2021 - The Perfect Storm for Privacy and Adtech: How the End of the Cookie Era Will Reshape the Digital Marketplace

    Many privacy professionals see the depletion of third-party cookies, paired with several technological, political, and cultural factors, as the perfect storm for privacy and adtech – one that will bring about fundamental changes to the advertising industry and the broader digital marketplace. In this episode, privacy experts discuss the challenges and opportunities this ‘perfect storm’ is creating.

  • 11/24/2020 - Why Teens Need Unique Privacy Protections

    Teens are at risk online now more than ever, and the amount of their personal data being collected is vast. Tune in to our latest podcast to hear our experts discuss the key findings from their latest whitepaper on teenage privacy in the mobile app marketplace and the privacy implications of in-app purchases and interest-based advertising (IBA).
  • 10/14/2020 - Time for Revolution in the Direct Selling Industry

    In this podcast episode, Direct Selling Association (DSA) President Joe Mariano discusses how the nature of the fast-changing direct-selling marketplace has informed the industry’s approach to self-regulation, how the Direct Selling Self-Regulatory Council (DSSRC) has helped, and the work that lies ahead.
  • 8/19/2020 - The Confidence and Perception Behind Online Reviews

    For the majority, online reviews and ratings hold considerable merit in influencing purchasing decisions. They have integrated into a form of advertising for today’s companies. People feel more assured about spending their money on brands with five-star reviews than those with little to no feedback. A purpose that was once fulfilled primarily by word-of-mouth and social cues has been replaced by reviews and ratings to validate consumer investments.
  • 8/05/2020 - A Cashless Future

    How close are we from entering into a world where cash is no longer accepted? Do we truly understand the benefits and implications of completely going cashless and relying solely on financial transactions that are intimately connected with our data? Dr. Shelle Santana, Associate Professor at the Harvard University Business School, answers these questions and more on this episode of the >Better Series podcast.
  • 7/24/2020 - All Things CCPA

    After years of debate, discussion, and revisions, the California Consumer Privacy Act (CCPA) -- a law that gives consumers a wide range of rights and creates a series of obligations for businesses -- finally began enforcement on July 1st. Cobun Zweifel-Keegan, Deputy Director of BBB National Programs' Privacy Initiatives, joined Julian Flamant, Associate at Hogan Lovells US LLP, and Heather Federman VP of Privacy and Policy at BigID to discuss what the CCPA means for businesses inside and outside of California.
  • 7/07/2020 - Direct Selling in the Age of the Pandemic

    COVID-19 has left millions of Americans unemployed and seeking new solutions to help them navigate the tough road ahead. Some have turned to the direct selling industry, chasing claims of financial freedom. The attorneys of the Direct Selling Self-Regulatory Council (DSSRC) have been hard at work investigating questionable product and earnings claims from direct selling companies and working to get those claims removed from circulation.