NAD 2022
Sep 19 - 20, 2022

 

 

 

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 Next Era of Ad Law


2
Days

38
Speakers

14
Sessions

Speakers

 

  • Kathryn J. Aikin, Ph.D., Senior Social Science Analyst and Research Team Lead, Office of Prescription Drug Promotion, FDA
  • Katherine Armstrong, Deputy Director, National Advertising Division, BBB National Programs
  • Brian Ashby, Vice President & Deputy General Counsel, Verizon
  • David H. Bernstein, Partner, Debevoise & Plimpton LLP
  • Laura Brett, Vice President, National Advertising Division, BBB National Programs
  • Caleb Brian, Ph.D., Advanced Product Claims Specialist, 3M
  • Melissa Brown, Attorney, National Advertising Division, BBB National Programs
  • Andra Dallas, Senior Counsel, Advertising & Marketing, PayPal
  • Amy Dolgin, Head, Legal, US & Global Vision Care Business, Alcon Vision, LLC
  • Adam Ekonomon, Vice President and Deputy General Counsel, The J. M. Smucker Company
  • Mary K. Engle, Executive Vice President, Policy, BBB National Programs
  • Sydney English, Senior Legal Counsel, Marketing, Unilever North America
  • Rohini Gokhale, Vice President and Global Marketing Counsel, Estée Lauder Companies
  • Marisa A. Gómez, Senior Director, Associate General Counsel, Capital One
  • Jennifer Helm, Policy Manager, Business Partners; Content Policy Stakeholder Engagement, Meta
  • August T. Horvath, Partner, Co-Chair, Advertising & Marketing Law, Foley Hoag, LLP
  • Robert S. Jones, Corporate Counsel, S. C. Johnson & Son, Inc.
  • Heili Kim, Partner, McDermott Will & Emery
  • Samuel Levine, Director, Bureau of Consumer Protection, Federal Trade Commission
  • Anna B. Naydonov, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
  • Lynn K. Neuner, Partner, Simpson Thacher & Bartlett LLP
  • Ingrid Otero-Smart, President & CEO, Casanova/McCann
  • Raqiyyah R. Pippins, Partner, Consumer Products & Retail, Arnold & Porter LLP
  • Amy Preston, Ph.D., RD, Senior Manager, R&D Regulatory & Nutrition and Agile Innovation, The Hershey Company
  • Daniel Range, Attorney, National Advertising Division, BBB National Programs
  • Eric D. Reicin, President and CEO, BBB National Programs
  • Tom Rosholt, Owner/Principal, Tom Rosholt Consulting, Inc.
  • Jennifer Santos, Attorney, National Advertising Division, BBB National Programs
  • Jennifer Sheehy, Assistant General Counsel, Johnson & Johnson
  • Renuka D. Singh, Associate General Counsel, Nutrition Global Functions, Reckitt Benckiser LLC
  • Howard Smith, Senior Attorney, Direct Selling Self-Regulatory Council, BBB National Programs
  • Elena Stein, Senior Corporate Counsel, Americas, Dyson, Inc.
  • Arun Sundararajan, Harold Price Professor of Entrepreneurship and Professor of Technology, Operations and Statistics, New York University’s (NYU) Stern School of Business
  • Annie M. Ugurlayan, Assistant Director, National Advertising Division, BBB National Programs
  • Eric Unis, Senior Attorney, National Advertising Division, BBB National Programs
  • Ronald R. Urbach, Advertising + Marketing, Partner/Co-Chair, Davis+Gilbert LLP
  • Serena Viswanathan, Associate Director, Division of Advertising Practices, Federal Trade Commission
  • Zheng Wang, Attorney, National Advertising Division, BBB National Programs

Agenda


Monday, September 19th

Welcome to NAD 2022

9:00am-9:15am EST

Welcome remarks will include housekeeping items and instructions for receiving CLE credit.

Speakers: 

  • Eric D. Reicin – President and CEO, BBB National Programs
  • Laura Brett – Vice President, National Advertising Division, BBB National Programs

 


NAD: What’s New in 2022?

9:15pm-10:00am

National Advertising Division attorneys provide an overview of trends and recurring issues from the past year. This session also reviews trends in appeals to the National Advertising Review Board, compliance cases, and regulatory referrals.

Speakers: 

  • Melissa Brown – Attorney, National Advertising Division, BBB National Programs
  • Daniel Range – Attorney, National Advertising Division, BBB National Programs



Claim Substantiation: The Product Development Edition

10:15am-11:15am

Using a hypothetical product, panelists explore the substantiation issues associated with launching a product from the ground up: from product development, to testing, to launch day.

Speakers: 

  • Amy Dolgin – Head, Legal, US & Global Vision Care Business, Alcon Vision, LLC
  • Lynn K. Neuner – Partner, Simpson Thacher & Bartlett LLP
  • Tom Rosholt – Owner/Principal, Tom Rosholt Consulting, Inc.
  • Jennifer Santos – Attorney, National Advertising Division, BBB National Programs



One-on-One with the FTC’s Serena Viswanathan

11:15am-12:00pm

A discussion with Serena Viswanathan about the Federal Trade Commission’s (FTC) Division of Advertising Practices priorities now and in the near future, moderated by Laura Brett, Vice President, National Advertising Division.

Speakers: 

  • Laura Brett – Vice President, National Advertising Division, BBB National Programs
  • Serena Viswanathan – Associate Director, Division of Advertising Practices, Federal Trade Commission

 


Representation Matters: How to Address DEIB Authentically

1:00pm-2:00pm

Brands want to engage meaningfully with their diverse audience and tout their commitment to social justice, but how do they do that in an authentic way?

Speakers: 

  • Rohini Gokhale – Vice President and Global Marketing Counsel, Estée Lauder Companies
  • Ingrid Otero-Smart – President & CEO, Casanova/McCann
  • Annie M. Ugurlayan – Assistant Director, National Advertising Division, BBB National Programs

 


Claim Substantiation 101: A Survey of Surveys

2:15pm-3:15pm

Surveys are often used to substantiate a variety of claims and come in a variety of models. A properly conducted survey can make or break a case. Panelists will address best practices associated with conducting surveys and provide tips for designing surveys that can pass muster in an NAD proceeding.

Speakers: 

  • Katherine Armstrong – Deputy Director, National Advertising Division, BBB National Programs
  • Caleb Brian, Ph.D. – Advanced Product Claims Specialist, 3M
  • Robert S. Jones – Corporate Counsel, S. C. Johnson & Son, Inc.
  • Heili Kim – Partner, McDermott Will & Emery
  • Amy Preston, Ph.D., RD – Senior Manager, R&D Regulatory & Nutrition and Agile Innovation, The Hershey Company

 


FTC Update & Enforcement Actions with Samuel Levine

3:15pm-4:00pm

Bureau Director Samuel Levine joins us to discuss the issues on their radar for this year, relevant cases on critical ad law topics, and where the FTC’s focus will be in the year ahead.

Speakers: 

  • Samuel Levine – Director, Bureau of Consumer Protection, Federal Trade Commission

 


When Court Seems Like the Only Option: Perspectives on Advertising Litigation

4:00pm-5:00pm

Panelists will provide insight on recent Lanham Act and consumer class action cases from the federal bench. In addition, our featured speakers will discuss how federal court cases can intersect with NAD and FTC proceedings.

Speakers: 

  • David H. Bernstein – Partner, Debevoise & Plimpton LLP
  • Laura Brett – Vice President, National Advertising Division, BBB National Programs
  • Serena Viswanathan – Associate Director, Division of Advertising Practices, Federal Trade Commission



    Tuesday, September 20th

    Welcome to Day 2

    9:00am-9:05am EST

    Day 2 will focus on the next era of ad law and address issues facing advertisers on the road ahead.

    Speakers: 

    • Laura Brett – Vice President, National Advertising Division, BBB National Programs

     


    Emerging Issues: Influencers, Dark Patterns, Reviews

    9:05am-10:05am

    Panelists will discuss how to spot thorny issues brands may face when using influencers, consumer reviews, or other promotional strategies that are attracting scrutiny from the NAD, FTC, and other regulators, including FDA.

    Speakers: 

    • Kathryn J. Aikin, Ph.D. – Senior Social Science Analyst and Research Team Lead, Office of Prescription Drug Promotion, FDA
    • Katherine Armstrong – Deputy Director, National Advertising Division, BBB National Programs
    • Andra Dallas – Senior Counsel, Advertising & Marketing, PayPal
    • Raqiyyah R. Pippins – Partner, Consumer Products & Retail, Arnold & Porter LLP
    • Renuka D. Singh – Associate General Counsel, Nutrition Global Functions, Reckitt Benckiser LLC

     


    Truth-in-Advertising in the Metaverse

    10:05am-11:05am

    Panelists will explore ways to implement truth-in-advertising principles into advertising in the metaverse such as how to ensure that material connections are adequately disclosed and how to protect vulnerable populations without stifling creativity.

    Speakers: 

    • Sydney English – Senior Legal Counsel, Marketing, Unilever North America
    • Anna B. Naydonov – Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
    • Jennifer Helm – Policy Manager, Business Partners; Content Policy Stakeholder Engagement, Meta
    • Howard Smith – Senior Attorney, Direct Selling Self-Regulatory Council, BBB National Programsr

     


    Sustainability: What’s New and What’s Next?

    11:20am-12:20pm

    Environmental marketing continues to be important to consumers and brands, but the issues facing advertisers can be nuanced. Panelists will explore various forms of environmental and sustainability claims and discuss ways to avoid regulatory and other risks when making such claims.

    Speakers: 

    • Adam Ekonomon – Vice President and Deputy General Counsel, The J. M. Smucker Company
    • Elena Stein – Senior Corporate Counsel, Americas, Dyson, Inc.
    • Eric Unis, Senior Attorney – National Advertising Division, BBB National Programs
    • Ronald R. Urbach – Advertising + Marketing, Partner/Co-Chair, Davis+Gilbert LLP

     


    Keynote Session

    1:20pm-2:00pm EST

    Speakers: 

    • Hon. Alvaro Bedoya – Commissioner, Federal Trade Commission

     


    The Brave New World of NFTs, Cryptocurrency, and More

    2:00pm-2:45pm

    Presentations from the perspective of those on the front lines of these emerging issues.

    Speakers: 

    • August T. Horvath – Partner, Co-Chair, Advertising & Marketing Law, Foley Hoag, LLP
    • Arun Sundararajan – Harold Price Professor of Entrepreneurship and Professor of Technology, Operations and Statistics, New York University’s (NYU) Stern School of Business

     


    Apples & Oranges: Embracing Differences

    3:00pm-4:00pm

    Advertisers often compare dissimilar products and services in their advertisements. When is it fair to com- pear and when should you steer clear? What should you do if the most likely comparisons are to products with significant differences? Is there anything you need to disclose to help consumers understand the comparison? This panel will explore real-life examples and provide guidance on best practices when making comparisons.

    Speakers: 

    • Brian Ashby – Vice President & Deputy General Counsel, Verizon
    • Marisa A. Gómez – Senior Director, Associate General Counsel, Capital One
    • Jennifer Sheehy – Assistant General Counsel, Johnson & Johnson
    • Zheng Wang – Attorney, National Advertising Division, BBB National Programs

     


    NAD: The Future of Advertising Industry Self-Regulation

    4:00pm-4:30pm

    The National Advertising Division ends each conference with a look into a crystal ball. In this session, we share what is coming up for advertising industry self-regulation in the next year and then make our predictions about what is just over the horizon in the broader ad law landscape, including international self- regulatory policy developments.

    Speakers: 

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