NAD2021
Sep 29 - Oct 1, 2021

 

 

 

At the National Advertising Division (NAD) Annual Conference, the premiere U.S. event dedicated to advertising law, attendees gain exclusive insight into emerging industry trends, a deep understanding of the challenges facing advertisers, marketers, developers, and legal professionals, and of course, tips and best practices from leaders in their fields. 

 

The Future of Ad Law

3
Days

20+
Speakers

10+
Sessions

Speakers

 

  • Katherine Armstrong, Deputy Director, National Advertising Division, BBB National Programs
  • Lauren Aronson, Partner, Crowell & Moring LLP
  • Barry M. Benjamin, Partner, Kilpatrick Townsend & Stockton, LLP
  • Andrew Borsen, Attorney & Partner, Borsen Law, LLC
  • Laura Brett, Vice President, National Advertising Division, BBB National Programs
  • Christine Burdick-Bell, EVP, General Counsel & Board Corporate Secretary, Pharmavite LLC
  • Dalia Eid, Deputy General Counsel, HelloFresh US
  • Mary K. Engle, EVP, Policy, BBB National Programs
  • Dr. Daniel M. Ennis, President, The Institute for Perception
  • Edward Fallon, Advertising and Technology Attorney, Former Senior Director Charter communications, Inc.
  • Nancy J. Felsten, Partner, Davis Wright Tremaine LLP
  • Gregory Frantz, Senior Marketing Counsel and Intellectual Property Counsel, Campbell Soup Company
  • Hal Hodes, Senior Staff Attorney, National Advertising Division, BBB National Programs
  • Brie Janke, Senior Director & Associate General Counsel, The Procter & Gamble Company
  • Ruth J. Lebed, Corporate Counsel, S. C. Johnson & Son, Inc.
  • Claudia A. Lewis, Partner, Venable LLP
  • David G. Mallen, Partner, Co-Chair, Advertising Disputes, Loeb & Loeb LLP
  • Molly Malouf, Senior Director, Legal Affairs, T-Mobile USA, Inc.
  • Gabe Martinez, Corporate Counsel, The Clorox Company
  • Sheila A. Millar, Partner, Keller and Heckman LLP
  • Amy Ralph Mudge, Partner and co-leader of the Advertising, Marketing and Digital Media team, BakerHostetler
  • Leanne Perice, Digital Talent Manager & Founder, MADE BY ALL
  • Charlene Polite-Corley, VP, Diverse Insights & Partnerships, The Nielsen Company
  • Eric D. Reicin, President & CEO, BBB National Programs
  • David Rimas, Associate General Counsel, Reckitt Benckiser LLC
  • Kate Scott-Dawkins, VP Thought Leadership & Innovation, Essence Global Group Ltd.
  • Cassidy Sehgal, SVP, Chief Data Governance & Associate General Counsel, L'Oréal USA, Inc.
  • Terri J. Seligman, Chair, Advertising, Marketing and Public Relations Group, Frankfurt Kurnit Klein & Selz PC
  • Matt Silverman, Director/Producer, Webseries & Podcasts
  • Rebecca Kelly Slaughter, Commissioner, Federal Trade Commission
  • Annie M. Ugurlayan, Assistant Director, National Advertising Division, BBB National Programs
  • Eric Unis, Staff Attorney, National Advertising Division, BBB National Programs
  • John E. Villafranco, Partner, Kelley Drye LLP
  • Adam Waheed, Award-Winning Content Creator, Actor, Comedian, & Entrepreneur
  • Zheng Wang, Staff Attorney, National Advertising Division, BBB National Programs
  • Debora M. Welch, Assistant General Counsel, NA Beauty Professional, Legal Department, Henkel Corporation

Agenda


Wednesday, September 29th

Welcome to NAD2021: NAD Year in Review and Current Advertising Trends

11:00am-11:55am EST

We are excited to kickoff NAD 2021, the National Advertising Division annual conference. In this session, President & CEO of BBB National Programs, Eric D. Reicin, will kick off the conference with opening remarks, followed by National Advertising Division Vice President, Laura Brett, who will walk attendees through housekeeping tips for the conference as well as information about earning CLEs for this event.

Right after that, our panel will dive into NAD's activities in 2021, reviewing advertising trends and how they reflect today’s consumers. The panel will discuss insights on advertising claims and substantiation standards through the lens of key decisions published by NAD over the past year.

Speakers: 

  • Eric D. Reicin – President and CEO, BBB National Programs
  • Laura Brett – Vice President, National Advertising Division, BBB National Programs
  • Katherine Armstrong – Deputy Director, National Advertising Division, BBB National Programs
  • Zheng Wang – Staff Attorney, National Advertising Division, BBB National Programs

 

Substantiation When Advertising About Social Issues

12:00pm-1:00pm

Consumers seek out brands that align with their product and service needs, but, increasingly, their points of view on social issues as well. Whether or not you believe private enterprise should even have opinions on social and political issues, consumers respond to them, both positively and negatively. Consumers seem to have come to expect brands to engage in the social issues of the day, including politics, race, stereotypes, climate change, and myriad other topics. This session will explore how brands develop and vet claims of corporate commitment, as well as what ethics, substantiation, transparency, and accountability issues might arise.

Speakers: 

  • Barry M. Benjamin – Partner, Kilpatrick Townsend & Stockton, LLP
  • Terri J. Seligman – Partner, Frankfurt Kurnit Klein & Selz P.C.
  • Gabe Martinez – Corporate Counsel, The Clorox Company


The Framework for Responsible Environmental Marketing Communications

1:45pm-1:55pm

This session will provide an update on the International Chamber of Commerce’s Framework for Responsible Environmental Marketing Communications. The 2019 Framework sets forth general principles governing all marketing communications, and includes a separate section on environmental claims.

Speakers: 

  • Sheila A. Millar – Partner, Keller & Heckman LLP


Making Sense of “Sustainability”: Advertising to the Contemporary Eco-Conscious Consumer

1:55pm-2:55pm

Consumers are choosing products based on their environmental impact and businesses are responding by touting their environmental goals and achievements as well as their “sustainability.” How do advertiser’s support the sometimes-vague and sometimes-broad messages conveyed by this advertising? This panel will explore appropriate substantiation for “sustainability” claims and advise on how to accurately state a brand’s eco-benefits. The panel will include an update on the International Chamber of Commerce’s Framework for Responsible Environmental Marketing Communications from Sheila A. Millar, Partner, Keller & Heckman LLP. 

Speakers: 

  • Nancy J. Felsten – Partner, Davis Wright Tremaine LLP
  • Dalia Eid – Deputy General Counsel, HelloFresh US
  • Brie Janke – Senior Director & Associate General Counsel, The Procter & Gamble Company
  • Hal Hodes – Senior Staff Attorney, National Advertising Division, BBB National Programs

 

Representation and Substantiation

3:00pm-4:00pm

The discussion will explore diversity, equity, inclusion and bias, and authentic representation in advertising messages as well as claim substantiation standards’ interplay with these issues.

Speakers: 

  • Lauren Aronson – Partner, Crowell & Moring LLP
  • Charlene Polite Corley – VP, Diverse Insights & Partnerships, The Nielsen Company
  • Cassidy Sehgal – SVP, Chief Data Governance and Associate General Counsel, L'Oréal USA, Inc.
  • Dr. Daniel M. Ennis – President, The Institute for Perception

 


Thursday, September 30th

Comparative Advertising – Then, Now, and What’s Next

11:00am-12:05am EST

Comparative advertising encourages innovation. When it is truthful and not misleading, it benefits consumers by providing useful information about and competitive pricing for products. Comparative advertising has often resulted in a flurry of challenges in a particular industry or a National Advertising Division “Ad War.” These battles are spurred by technological innovations, disruptors, seasonal marketing, consumer trends, or regulatory gaps. What trends have we seen and how have different industries engaged in ad wars over the years? How has regulatory/self-regulatory guidance informed comparative advertising?

This panel of industry insiders, which kicks off with an introduction to Day 2 of NAD 2021 by NAD vice president, Laura Brett, will explore these issues and offer insights to practitioners on how to navigate current and future ad wars.

Speakers: 

  • David G. Mallen – Partner, Co-Chair, Advertising Disputes, Loeb & Loeb LLP
  • Edward Fallon – Advertising and Technology Attorney, former Senior Director at Charter Communications
  • Gregory Frantz – Senior Marketing Counsel and Intellectual Property Counsel, Campbell Soup Company
  • Ruth J. Lebed – Corporate Counsel, S. C. Johnson & Son, Inc.
  • Annie M. Ugurlayan – Assistant Director, National Advertising Division, BBB National Programs

 

DTC and E-Commerce on Advertising in a Post-COVID World

12:10pm-1:10pm

The COVID pandemic was a seismic event that accelerated a shift in how brands advertise and market their products and services to consumers. With the increasing shift towards direct-to-consumer (DTC) and e-commerce methods there are new gatekeepers, including online platforms and retailers, and new competitive pressures that are here to stay. How does this changing landscape affect how brands advertise, substantiate their claims, ensure compliance, and manage related competitive disputes? These changes also bring renewed concerns about deceptive methods for directing the user experience, so called “dark patterns.” How have consumer choice and consumer trust been impacted? This panel will seek to answer these and more questions and provide some tips for navigating a transforming marketplace. 

Speakers: 

  • Amy R. Mudge – Partner, BakerHostetler
  • David Rimas – Associate General Counsel, Reckitt Benckiser LLC
  • Debora M. Welch – Assistant General Counsel, NA Beauty Professional, Henkel Corporation
  • Eric Unis – Staff Attorney, National Advertising Division, BBB National Programs

 

Behind the Scenes of Influencer Marketing

1:55pm-2:55pm

Influencer marketing—once the hot new topic—prompted regulators, brands, and the advertising law bar to develop advertising and disclosure standards for this then-emerging area. Now that influencer marketing is established, how are these standards put into practice by influencers? We’ll meet with a prominent influencer, his manager, and his attorney to discuss potentially competing tensions: maintaining an authentic voice, satisfying the brands that hire influencers, and ensuring compliance with legal standards. 

Speakers: 

  • Molly Malouf – Senior Director, Legal Affairs, T-Mobile USA, Inc.
  • Andrew Borsen – Attorney & Partner, Borsen Law, LLC
  • Leanne Perice – Digital Talent Manager & Founder, Made By All
  • Adam Waheed – Award-Winning Content Creator, Actor, Comedian, & Entrepreneur

 

The Future of Advertising: The Path of Technology and its Impact on Brand Marketing

3:00pm-4:00pm

Over the past ten years, new technologies have forced a dizzying pace of evolution in advertising and marketing. What will the next ten years bring? How will AI eliminate inefficiencies and create new challenges? In what ways will advertising enable access to content and enable consumer purchase decisions? What role will biometric data play in accessing, personalizing, and securing products and services? And how will companies meet the expectations of post-Millennial generations? 

Speakers: 

  • John E. Villafranco – Partner, Kelley Drye & Warren LLP
  • Kate Scott-Dawkins – VP Thought Leadership & Innovation, Essence Global Group Ltd.
  • Matt Silverman – Director/Producer, Webseries & Podcasts

 


Friday, October 1st

Keynote Session with the FTC

11:00am-11:55am EST

National Advertising Division (NAD) vice president, Laura Brett, will kick off Day 3 at NAD 2021 and be joined by BBB National Programs executive vice president of policy Mary Engle to introduce our keynote speaker, Hon. Rebecca Kelly Slaughter, Commissioner at the Federal Trade Commission.

Keynote Speaker: 

  • Hon. Rebecca Kelly Slaughter – Commissioner, Federal Trade Commission

Moderator: 

  • Mary K. Engle – Executive Vice President, Policy, BBB National Programs

 

Navigating Regulation under the Biden Administration

12:00pm-12:45pm

New FTC Commissioners, a big decision from the Supreme Court, and new policy objectives from the White House—nearly a year into the administration, what has been the impact on FTC, advertising law and consumer protection?  What are the FTC’s enforcement and rulemaking priorities?  Will there be guidance from the FTC on consumer reviews, environmental claims, dark patterns or other emerging areas? How would new legislation regarding CDA 230 impact online consumer reviews, both negative and positive? This panel will explore these questions and help provide insights to practitioners about how to best advise clients about what direction the FTC and other consumer protection agencies are headed. 

Speakers: 

  • Claudia A. Lewis – Partner, Venable LLP
  • Christine Burdick-Bell – EVP, General Counsel & Board Corporate Secretary, Pharmavite LLC
  • Katherine Armstrong – Deputy Director, National Advertising Division, BBB National Programs

 

FTC Update & Enforcement Actions

1:30pm-2:00pm

On the final day of the conference, Mary Engle, Executive Vice President, Policy, BBB National Programs, will walk attendees through the implications for advertisers of recent Federal Trade Commission (FTC) actions.

Speakers: 

  • Mary K. Engle – Executive Vice President, Policy, BBB National Programs


Perspectives on Self-Regulation

2:05pm-3:00pm

This panel will reflect on recent regulatory developments and how they impact self-regulation. It will also provide insights as to how self-regulation has adapted to changes in the regulatory environment and what to expect in the next year, including insider insights for navigating in this new environment.  

Speakers: 

  • Mary K. Engle – Executive Vice President, Policy, BBB National Programs
  • Laura Brett – Vice President, National Advertising Division, BBB National Programs