BBB National Programs Podcasts

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  • 8/17/2022 - Ad Watchers: Revisiting 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?

  • 7/27/2022 - Ad Watchers: How Should You Present Scientific Evidence to Support Your Ad Claims?

    Understanding how to present scientific evidence in a substantiation case can be difficult, especially when the data is complex or no industry standard exists. In this episode of Ad Watchers, the hosts discuss a complex topic: how should marketers put scientific data to use? They answer this question by diving into different types of scientific evidence and which types of claims they support most effectively.

  • 7/13/2022 - The State of Privacy: How Did We Get Here?

    Looking back even just five years ago, the privacy landscape looked nothing like it does today – there was no General Data Protection Regulation (GDPR), no California Consumer Privacy Act (CCPA), the demands on businesses were much different. In the first episode of Privacy Abbreviated, your hosts explain how we got to the landscape we see today and talk about what this means for businesses.

  • 6/29/2022 - Introducing Privacy Abbreviated: Meet the Hosts

    BBB National Programs is pleased to introduce Privacy Abbreviated. Hosted by privacy experts Dona Fraser and Catherine Dawson, this new podcast series will discuss the impact of privacy laws and tech innovation on small and medium-sized companies and what business leaders can do to meet challenges in this evolving landscape. 

     

  • 6/22/2022 - Ad Watchers: What Should You Consider Before Making Cosmetics Claims?

    The cosmetics industry is booming and it is easy to see why: most people want to look younger, reduce the appearance of wrinkles, and take care of their skin. But just like claims for dietary supplements, beauty product claims must be truthful, not misleading, and require substantiation. In this episode of the Ad Watchers, hosts break down the most common pitfalls they see in cosmetics advertising and how to avoid them.   

  • 5/25/2022 - Ad Watchers: What Does it Take To Get Consumer Perception Surveys Right?

    In this episode of Ad Watchers, hosts provide an overview of some of the biggest points to consider when creating consumer perception surveys, such as whether it has an appropriate universe and a representative sample, how to determine if you have a well-designed questionnaire, and how to use these surveys effectively at NAD.

  • 4/20/2022 - Ad Watchers: How Can You Avoid the Grey Areas of Green Claims?

    In the season two premiere of Ad Watchers, La Toya Sutton and her new co-host, Eric Unis, walk listeners through environmental benefit claims, or “green claims,” to help advertisers and practitioners think about the questions they should ask when advertising in this arena. Listen in to hear the four critical questions that companies should ask themselves when developing advertising that incorporates any type of environmental marketing claims.

  • 3/23/2022 - COPPA Questions: Are Safe Harbors Effective?

    As the drumbeat to modernize the Children’s Online Privacy Protection Act (COPPA) continues, all components of the 1998 law have come under scrutiny, particularly the Safe Harbor provision. Under COPPA, the FTC has the ability to approve industry groups to administer self-regulatory programs implementing the protections for children outlined in the rule. Recently, some lawmakers have raised concerns that Safe Harbors are not an effective complement to the COPPA rule and might even be allowing for the rubberstamping of businesses that take advantage of Safe Harbors.

  • 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.