NAD 2025: Ad Law, Consumer Trust, and a “Launchpad” for the Future
BBB National Programs’ 2025 National Advertising Division (NAD) Annual Conference was a chance for leaders in advertising law to come together and explore the pressing issues shaping the marketplace today. Across panels and discussions, one theme stood out: how innovation, regulation, and self-regulation intersect in ways that directly affect businesses and consumers alike. Here are a few highlights from the conference.
Commissioner Meador highlighted what he called “kitchen table” consumer protection issues such as getting redress back for consumers harmed by fraudulent practices and pursuing deep fakes, online dark patterns, and AI chatbots whose deployment may jeopardize children’s health.
The Commissioner hailed the work of BBB National Programs in building consumer trust, stating:
"The National Advertising Division exemplifies something I suspect a lot of Americans will find counterintuitive, the idea that companies can compete vigorously in the marketplace, including against one another, but still come together around common ethical standards to help the public get a fair deal. That's the kind of thing that builds trust, and building trust builds a strong public and a strong country at the end."
Explaining how the FTC and NAD roles complement one another, the Commissioner later said on X:
“The FTC enforces advertising laws, and the NAD enforces advertising norms, because of a common commitment to building trust around these and other matters. Industry self-regulation is better for everyone than government regulation."
On Day 2, keynote speaker Chris Mufarrige, Director of the FTC’s Bureau of Consumer Protection, emphasized that the FTC’s role in policing AI will not be to advocate for uniform ex ante standards to govern AI. Rather, the agency will “stay in our lane” by focusing enforcement attention on false and unsubstantiated claims made in the AI space, so that America’s AI industry might develop unencumbered by bureaucratic red tape. In a strong nod to industry self-regulation, Mufarrige also indicated that it would be “business as usual” in the way the FTC handles referrals from the NAD.
Chris Mufarrige hinted at an upcoming FTC workshop on informational injury (following on a similar event held in 2017). And later, in response to an audience question about the status of the avidly awaited updates to the Green Guides, Mufarrige indicated that we would be “hearing from [the FTC] soon.”
We also see opportunities for other sectors to take advantage of the NAD’s self-regulatory process, including financial services, retail, and private equity. Look for us on the road in the months ahead as we take the stage at new conferences and connect with fresh audiences.
We look forward to continuing these conversations and advancing self-regulation in new sectors. And we can't wait to see you next September at NAD 2026 at the Conrad Hotel in New York, (September 28–29, 2026). Join us as we celebrate our 55th anniversary of advertising self-regulation. Sign up now to be the first to hear when registration opens.
The Key Roles of Regulatory Enforcement and Self-Regulation
At this event, as in previous years, we appreciated having strong representation from the Federal Trade Commission (FTC), including our Day 1 keynote speaker, FTC Commissioner Mark Meador.Commissioner Meador highlighted what he called “kitchen table” consumer protection issues such as getting redress back for consumers harmed by fraudulent practices and pursuing deep fakes, online dark patterns, and AI chatbots whose deployment may jeopardize children’s health.
The Commissioner hailed the work of BBB National Programs in building consumer trust, stating:
"The National Advertising Division exemplifies something I suspect a lot of Americans will find counterintuitive, the idea that companies can compete vigorously in the marketplace, including against one another, but still come together around common ethical standards to help the public get a fair deal. That's the kind of thing that builds trust, and building trust builds a strong public and a strong country at the end."
Explaining how the FTC and NAD roles complement one another, the Commissioner later said on X:
“The FTC enforces advertising laws, and the NAD enforces advertising norms, because of a common commitment to building trust around these and other matters. Industry self-regulation is better for everyone than government regulation."
The Fast Pace of AI in Advertising
Commissioner Meador’s remarks set the groundwork for thought-provoking discussions at the conference about the role of AI in advertising, from the introduction of AI influencers, to claims made about AI’s promise, to its deployment throughout the lifecycle of advertising campaigns from competitor analysis to focus group modeling to creative production.On Day 2, keynote speaker Chris Mufarrige, Director of the FTC’s Bureau of Consumer Protection, emphasized that the FTC’s role in policing AI will not be to advocate for uniform ex ante standards to govern AI. Rather, the agency will “stay in our lane” by focusing enforcement attention on false and unsubstantiated claims made in the AI space, so that America’s AI industry might develop unencumbered by bureaucratic red tape. In a strong nod to industry self-regulation, Mufarrige also indicated that it would be “business as usual” in the way the FTC handles referrals from the NAD.
New News: Influencers, FTC Workshop, Green Guides
The NAD conference typically is a place for announcements of new initiatives, and this year was no exception. In his opening remarks, BBB National Programs CEO Eric Reicin announced the creation of the Insitute for Responsible Influence, a new training and certification program to promote trust, transparency, and responsibility in the creator economy. More information will be coming soon, so stay tuned and let us know if you would like to get in on the ground floor of this work.Chris Mufarrige hinted at an upcoming FTC workshop on informational injury (following on a similar event held in 2017). And later, in response to an audience question about the status of the avidly awaited updates to the Green Guides, Mufarrige indicated that we would be “hearing from [the FTC] soon.”
Industry-led Accountability: Where We Go Next
To close out the conference, Mary Engle (BBB National Programs’ Executive Vice President, Policy) and I reflected on our shared experiences at the FTC and how that work informs our current focus on industry-led accountability. At the FTC, we saw firsthand how the NAD handles key advertising issues the FTC does not have the bandwidth for. And we saw other areas where self-regulation arose in response to regulatory scrutiny: BBB National Programs’ Children’s Food and Beverage Advertising Initiative (CFBAI) and the Direct Selling Self-Regulatory Council (DSSRC) are excellent examples. Looking ahead, we see enormous potential for a self-regulatory framework to address the issue of AI companions and children and teens.We also see opportunities for other sectors to take advantage of the NAD’s self-regulatory process, including financial services, retail, and private equity. Look for us on the road in the months ahead as we take the stage at new conferences and connect with fresh audiences.
Join Us Next Year
After more than 50 years, NAD continues to thrive as the forum the ad industry created and nurtured—a forum that remains vital to consumer trust and marketplace fairness.We look forward to continuing these conversations and advancing self-regulation in new sectors. And we can't wait to see you next September at NAD 2026 at the Conrad Hotel in New York, (September 28–29, 2026). Join us as we celebrate our 55th anniversary of advertising self-regulation. Sign up now to be the first to hear when registration opens.