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NARC and the CBBB Present
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NAD Annual Conference 2010
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What's New in Comparative Advertising,
Claim Support and Self-Regulation
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October 4-5, 2010
The Ritz-Carlton New York, Battery Park
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Monday, October 4th
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8:00
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Registration and Breakfast
Courtesy of Loeb & Loeb LLP
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9:00–9:15
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Welcome and Introduction
C. Lee Peeler – President & CEO, National Advertising Review Council
EVP, National Advertising, Council of Better Business Bureaus
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9:15–9:45
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Opening remarks:
Patrick Sarkissian - Founder and CEO, Sarkissian Mason
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9:45–11:00
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Green or Greenwash? A Guide to Honest Claims in Sustainability Advertising
Hear updates from the FTC on the Green Guides; learn how NAD looks at sustainability
claims and get an overview of legal trends in green advertising.
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Amy R. Mudge – Arnold & Porter LLP (Moderator)
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James A. Kohm – Associate Director of the Enforcement Division, Bureau of Consumer
Protection, Federal Trade Commission
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David G. Mallen – Associate Director, NAD
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Allyson Willoughby - General Counsel, Method
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11:00-11:15
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Morning Coffee Break
Courtesy of Davis & Gilbert, LLP
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11:15 – 12:30
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Challenges in Claim Substantiation
Explore key test methods – consumer testing, laboratory testing, analytical data
– and learn how to craft a proper fit between your advertising claims and your evidence.
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Nancy J. Felsten – Davis Wright & Tremaine LLP (Moderator)
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Amanda Vann Faulkner - Senior Corporate Counsel, Energizer Personal Care Division
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John Rousso - Director of R&D, Infant Care & Skin Care, Playtex Manufacturing, Inc
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Martin S. Zwerling – Assistant Director, NAD
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12:30–1:45
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Networking Lunch
Courtesy of Faruki Ireland & Cox, LLP
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Afternoon Session
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1:45–2:15
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Keynote Address: Julie Brill, Commissioner, Federal Trade Commission
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2:15–3:30
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The Reasonable Consumer – The Effective Use of Survey Evidence
Hear from the experts on when to conduct consumer surveys, how to avoid common errors,
the proper use of controls and strategies for utilizing of survey evidence.
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Lynn K. Neuner – Simpson, Thacher & Bartlett LLP (Moderator)
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David M. Moss – Assistant General Counsel, Consumer Healthcare, Pfizer
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Mary Rose Migliazza – Managing Counsel, Merck Consumer HealthCare
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Alex Simonson, Ph.D., J.D. – Simonson Associates, Inc.
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Annie M. Ugurlayan – Senior Staff Attorney, NAD
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3:30–3:45
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Afternoon Coffee Break
Courtesy of Davis & Gilbert, LLP
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3:45–5:00
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Advertising Claims in the Courts: Trends in Lanham Act Litigation
A panel of legal experts will detail key cases in federal court, discuss the role
of self-regulation and provide guidance to practitioners in developing legal strategies.
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Lawrence I. Weinstein – Proskauer (Moderator)
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Hon. Denny Chin – U.S. Court of Appeals, Second Circuit
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Laura Buckland – Chief Litigation Counsel, T-Mobile USA
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Kathryn L. Farrara – Staff Attorney, NAD
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5:00
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Cocktail Reception
Courtesy of Arent Fox LLP and Hogan Lovells US LLP
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Tuesday, October 5th
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8:15-9:00
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Breakfast
Courtesy of Loeb & Loeb LLP
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9:00-9:05
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Opening Remarks
C. Lee Peeler – President & CEO, National Advertising Review Council
EVP, National Advertising, Council of Better Business Bureaus
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9:05-9:35
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Keynote Address: Bob Garfield, Editor-At–Large, Advertising Age
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9:35-10:45
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The Consumer Speaks: Updates on User Generated Content, Endorsements and Testimonials
Assess the impact of the updated FTC Endorsements & Testimonials Guides and learn
about the latest cases involving user-generated content and social media.
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James R. Ravitz – Arent Fox LLP (Moderator)
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Mary K. Engle – Associate Director for Advertising Practices, Federal Trade Commission
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Craig Besnoy – Vice President Business Development, Universal Music Group
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Wendy Weinberger – Vice President, Deputy General Counsel, Intersections, Inc.
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Andrea C. Levine – Director, NAD
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10:45-11:00
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Morning Coffee Break
Courtesy of Davis & Gilbert, LLP
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11:00-12:15
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Consumer Protection in the Courts, in the States and at the FTC
Explore with the experts development in class-action litigation, key consumer-protection
cases and enforcement priorities at the FTC.
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Brian Wright – Faruki Ireland & Cox P.L.L (Moderator)
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Gail E. Lees – Gibson, Dunn & Crutcher LLP
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Esther Chavez – Assistant Attorney General and Deputy Chief in the Consumer Protection
and Public Health Division of the Office of Texas Attorney General
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Lesley A. Fair – Senior Attorney, Division of Consumer and Business Education, Federal
Trade Commission
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12:15-1:30
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Networking Lunch
Courtesy of Simpson Thacher & Bartlett LLP
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Afternoon Session:
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An Insider’s View of the Self-Regulatory System
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1:30-2:45
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Advertising Self-Regulation: The Year in Review
Practitioners will appreciate a briefing on the latest developments and controversies
before NAD; an overview of NAD’s expanded dietary supplements review; Direct Response
Marketing and the Electronic Retailing Self-Regulation Program; and the NARB appeals
process.
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Mark B. Levine – Senior Staff Attorney, NAD
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Peter C. Marinello – Director, ERSP
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Kat Dunnigan – Staff Attorney, NAD
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Alan L. Cohen – General Counsel and Corporate Secretary, CBBB, Inc.
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2:45-3:30
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NAD in action: The Mock Challenge
Develop tools for advocacy before NAD through this insider’s view of a party’s meeting
with NAD. Learn how to effectively navigate the self-regulatory process.
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John P. Feldman – Reed Smith LLP
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Andrea C. Levine – Director, NAD
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3:30-3:45
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Afternoon Coffee Break
Courtesy of Davis & Gilbert, LLP
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3:45-4:30
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Open Mike: We Take Your Questions on the NAD and NARB Process
This session will focus on what happens during and after an NAD challenge and the appeals process; backup
and support from regulatory agencies; and much more.
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Steven B. Steinborn – Hogan Lovells US LLP (Moderator)
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Mary K. Engle – Associate Director for Advertising Practices, Federal Trade Commission
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Andrea C. Levine, Kat Dunnigan, Kathryn L. Farrara, Jennifer E. Fried, Rebecca L.
Griffith, Mark B.Levine, David G. Mallen, Annie M. Ugurlayan, Martin S. Zwerling,
NAD Staff, Bruce Hopewell – Director, National Advertising Review Board
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4:30
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Adjourned
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