NARC and the CBBB Present
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NAD Annual Conference 2009
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What's New in Comparative Advertising, Claim Support and Self-Regulation
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October 5 & 6, 2009
W Hotel New York City
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Morning Session:
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8:15-9:00
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Registration and Breakfast
Courtesy of Goldberg Kohn
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9:00-9:10
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Introductory Remarks
C. Lee Peeler – President & CEO, National Advertising Review Council
EVP, National Advertising, Council of Better Business Bureaus
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9:10-9:45
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Keynote Address: David Vladeck, Director of the Bureau of Consumer Protection,
Federal Trade Commission
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9:45-11:00
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Can they say that? Testimonials and Endorsements
The Federal Trade Commission is taking a hard look at testimonials and endorsements.
What does that mean for advertisers and marketers?
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Jeffrey S. Edelstein, Esq. – Manatt, Phelps & Phillips, LLP (Moderator)
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Mary K. Engle – Associate Director for Advertising Practices, Federal Trade Commission
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Paul M. Rand – Vice President, Word of Mouth Marketing Association
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Jonathan Gelfand – General Counsel, Product Partners
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11:00-11:15
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Beverage Break
Courtesy of Manatt, Phelps & Phillips, LLP
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11:15-12:45
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Surveys and Implied Claims: A Primer for Practitioners
What’s the consumer take-away from your new campaign -- your competitor’s new ads?
Survey data can be critical. Hear an overview of survey instruments and their proper
role, the pros and cons of Internet surveys and the effective use of survey controls
and learn how surveys are used before NAD and the courts.
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Harold P. Weinberger, Esq. – Kramer Levin Naftalis & Frankel LLP (Moderator)
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Ran Kivetz, Ph. D. – Professor, Columbia Business School
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Dr. Bruce Isaacson – President, Marylander Marketing Research
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Kathryn L. Farrara – Staff Attorney, NAD
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12:45-2:00
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Networking Lunch
Courtesy of Kramer Levin Naftalis & Frankel LLP
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Afternoon Sesssion
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2:00-3:30
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From the Lab to the Claim: Issues in Product Testing
Experts examine the role of industry standards versus proprietary testing, discuss
product claims based on ingredient testing and consider how to approach claims when
the scientific evidence falls short of the “competent and reliable” standard.
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Randi W. Singer, Esq. – Weil Gotshal & Manges LLP (Moderator)
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John E. Villafranco, Esq. – Kelley Drye & Warren LLP
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Don Mays - Senior Director of Product Safety Planning and Technical Administration,
Consumers Union
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Sandra Turner Lane – Senior Counsel, The Procter & Gamble Company
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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 Manatt, Phelps & Phillips LLP
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3:45-4:45
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The World’s Most Amazing Puffery Panel!
The federal courts and NAD have both examined puffery and claims that denigrate
competing products. A distinguished panel will examine developments at NAD and in
the courts and explore the risk of pushing the boundaries.
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Claudia A. Lewis-Eng, Esq. – Venable LLP (Moderator)
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Kat Dunnigan – Staff Attorney, NAD
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Edward J. Glynn – Venable LLP
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Mary Jane Saunders – General Counsel, Subway Franchise Advertising Fund Trust
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4:45-5:30
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When Your Consumers Become Your Marketing Team: The Risk and Rewards of User-Generated
Content
This session will examine the legal and ethical challenges related to the explosion
in consumer-generated content.
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Ronald R. Urbach, Esq. - Davis & Gilbert LLP
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Jeanne E. O'Neill - Marketing Counsel, Frito-Lay
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Catherine M. Karol - Chief Marketing Counsel, General Motors
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5:30
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Cocktail Hour
Courtesy of Venable LLP
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Tuesday, October 6
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8:15-9:00
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Registration and Breakfast
Courtesy of Winston & Strawn LLP
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9:00-9:10
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Opening Remarks
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9:10-9:45
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Keynote Address: Andy Fletcher, President/CEO, Fletcher Martin
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9:45-11:00
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The Many Shades of "Green"
An expert panel will detail trends in environmental marketing, highlight developments
at the FTC and NAD, and offer some tips on making claims that tout an environmental
benefit.
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Sheila Millar – Keller & Heckman LLP (Moderator)
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David G. Mallen – Associate Director, NAD
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Henk Campher - VP of Corporate Social Responsibility and Sustainability of Edelman
Worldwide
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Scott McDougall – CEO, TerraChoice
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11:00-11:15
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Beverage Break
Courtesy of Manatt, Phelps & Phillips, LLP
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11:15-11:45
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FTC 2009 -- An Agency Overview
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Lesley A. Fair – Senior Attorney, Division of Consumer and Business Education, Federal
Trade Commission
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11:45-1:00
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Advertising Self-Regulation: The Year in Review
The latest developments, issues and controversies at NAD and ERSP.
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Martin S. Zwerling – Assistant Director, NAD
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Mark B. Levine – Senior Staff Attorney, NAD
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Jennifer E. Fried – Senior Staff Attorney, NAD
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Peter C. Marinello – Director, Electronic Retailing Self-Regulation Program
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1:00-2:15
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Networking Lunch
Courtesy of Davis & Gilbert LLP
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Afternoon Session:
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An Inside View of the Self-Regulatory System
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2:15-3:30
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NAD in action: The Mock Challenge
Experienced practitioners show how it works, providing tools for advocacy and instruction
on navigating the procedures, avoiding potential pitfalls and presenting evidence
clearly and effectively.
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Jeffrey A. Greenbaum – Frankfurt Kurnit Klein & Selz P.C.
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Brian D. Fergemann, Esq. – Winston & Strawn LLP
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Andrea Levine - Director, NAD
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3:30-3:45
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Afternoon Coffee Break
Courtesy of Manatt, Phelps & Phillips, LLP
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3:45-4:05
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Peer Review: The Appeal before NARB
Explore the fundamentals of a National Advertising Review Board (NARB) appeal; learn
how the process works and effective strategies.
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Bruce Hopewell - Director, NARB
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John Kamp – Executive Director, Coalition for Healthcare Communication, Of Counsel,
Wiley Rein LLP
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4:05-5:00
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Everything You Always Wanted to Know About NAD but Were Afraid to Ask
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Oscar L. Alcantara, Esq. - Goldberg Kohn (Moderator)
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Andrea C. Levine, Kat Dunnigan, Kathryn L. Farrara, Jennifer E. Fried, Mark B. Levine,
David G. Mallen, Annie M. Ugurlayan and Martin S. Zwerling – NAD Staff
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5:00
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Adjourned
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