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NARC and the CBBB Present
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NAD Annual Conference 2008
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What's New in Comparative Advertising, Claim Support and Self-Regulation |
September 22-23, 2008
W Hotel New York City
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Monday, September 22
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9:00-9:10
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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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9:10-9:45
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Keynote Address : Ty Montague, Co-President, CCO, JWT New York
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9:45-11:00
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It’s New! It’s Exciting! (But is it Advertising?)
Social Networking, Blogging, Branded Integration and Interactive Media present opportunities
and challenges for consumers, advertisers and attorneys. This session will examine
the legal and ethical challenges facing a dynamic and changing industry and the
enforcement priorities of the government regulators.
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Moderator:
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Terri J. Seligman, Esq. – Loeb & Loeb, LLP
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Speakers:
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Julia Popowitz, Associate General Counsel – Facebook, Inc.
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Mary K. Engle, Associate Director for Advertising Practices – Federal Trade Commission
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Po Yi, VP & Chief Advertising Counsel, American Express Travel Related Services Company, Inc.
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11:00-11:15
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Beverage Break – Courtesy of Hogan & Hartson LLP
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11:15-12:30
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Just as Good? Better? Best? Challenges in Claim Substantiation
You think you have evidence to support your advertising claims, but is it enough?
Substantiation experts will explore issues in supporting parity and superiority
claims, discuss the proper “fit” between advertising claims and the supporting scientific
evidence and offer tips on robust substantiation.
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Moderator:
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Steven A. Zalesin, Esq. – Patterson Belknap Webb & Tyler LLP
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Speakers:
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Robert B. Mison, Senior Corporate Counsel – The Clorox Company
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Marc J. Shaffer, Vice President, Scientific Affairs – Clinical Research Laboratories,
Inc.
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David G. Mallen, Associate Director – NAD
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12:30-1:30
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Networking Lunch
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Afternoon Sesssion
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2:00-3:00
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Your Advertising is Literally Truthful but what is the Implied Message?
Advertisers must be able to support express claims as well as those messages that
may reasonably be implied. This panel will address the interplay between legal and
marketing in planning major advertising campaigns and the pitfalls of implied falsity
in advertising. The panelists will also consider “implied falsity” under the Lanham
Act and in cases before NAD.
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Moderator:
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Randall Miller, Esq. – Arnold & Porter LLP
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Speakers:
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John Bartelme, Chief Marketing Officer,– Perdue
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Nancy Dowling, Senior Marketing Counsel – The Dannon Company, Inc.
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Jennifer E. Fried, Staff Attorney – NAD
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3:00-3:15
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Afternoon Coffee Break
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3:15-4:15
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Consumer Surveys: Timing, Design and Application
Experts in survey design, product marketing and advertising law examine key consumer
survey issues, including the effective use of survey evidence in federal court litigation
and before NAD.
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Moderator:
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Lynn K. Neuner, Esq. – Simpson Thacher & Bartlett
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Speakers:
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David M. Moss, Senior Corporate Counsel – Wyeth
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Mary Rose Migliazza, Senior Legal Director, Chief Counsel, Consumer HealthCare –
Schering-Plough Corporation
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Yoram (Jerry) Wind, Professor of Marketing, The Wharton School of the University
of Pennsylvania
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4:15-5:15
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The Very Best Puffery Panel, Ever!
In the past year, the federal courts and NAD have both examined puffery and claims
that denigrate competing products. Hear from a distinguished panel on the most recent
cases involving “puffery” and the risks of pushing the boundaries.
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Speakers:
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Richard J. Leighton – Keller & Heckman
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The Hon. Robert W. Sweet, U.S. District Court Judge
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Annie M. Ugurlayan, Senior Staff Attorney – NAD
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5:15-7:00
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Cocktail Reception
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Tuesday, September 23
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9:00-9:10
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Welcome and Introduction
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9:10-9:45
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Keynote Address: Honorable J. Thomas Rosch, Commissioner, Federal Trade Commission
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9:45-10:45
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Going “Green”
Organic, renewable, natural, sustainable, eco-friendly. How do consumers understand
environmental claims and what support is required for these claims? Find out how
advertisers are approaching “green” marketing and the FTC Green Guides and learn
to tell your green story.
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Moderator:
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Dana B. Rosenfeld, Esq. – Bryan Cave LLP
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Speakers:
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Andrea C. Levine, Director – NAD
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Michelle Harvey, Project Manager of Corporate Partnerships – Environmental Defense
Fund
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Robert Mayer, Professor, University of Utah
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10:45-11:00
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Morning Coffee Break
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11:00-11:20
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FTC Enforcement Priorities: What You Need to Know
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Speakers:
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Lesley Fair, Senior Attorney, Division of Consumer and Business Education, Federal
Trade Commission
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11:20-12:15
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Advertising Self-Regulation: The Year in Review
It has been an active year for advertising self-regulation. Learn about the latest
cases and controversies before NAD, including product testing, implied claims, as
well as advertising for dietary supplements.
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Speakers:
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Martin S. Zwerling, Assistant Director – NAD
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Mark B. Levine, Senior Attorney – NAD
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Steve Mister, President & CEO – Council for Responsible Nutrition
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12:30-1:30
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Networking Lunch
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Afternoon Session:
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An Insider’s Guide to Self-Regulation: What Practitioners Need to Know
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1:45-2:45
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NAD in action: The Mock Challenge
Experienced practitioners introduce a timely hypothetical and demonstrate how the
NAD process works, providing tools for advocacy and instruction on navigating the
procedures, avoiding potential pitfalls and presenting evidence clearly and effectively.
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Speaker:
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Ronald R. Urbach, Esq. – Davis & Gilbert, LLP
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John E. Villafranco, Esq. – Kelley Drye Collier Shannon
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2:45-3:15
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Peer Review: The Appeal before NARB
Explore the fundamentals of a National Advertising Review Board (NARB) appeal; learn
how the appeals process works and effective strategies for representing your client
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Speaker:
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Bruce Hopewell, Director – NARB
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Michael Hoefges, Assistant Professor, UNC School of Journalism and Mass Communication
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3:15-3:30
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Afternoon Coffee Break
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3:30-4:30
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The End Game: Compliance and Enforcement
The overwhelming majority of advertisers comply with the recommendations of the
self-regulatory forum. This experienced panel explores what happens after NAD issues
its decision, explaining the NAD compliance process and the role of the FTC when
cases are referred to the government.
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Moderator:
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Ross M. Weisman, Esq. – Kirkland & Ellis, LLP
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Speakers:
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Lesley Fair, Senior Attorney, Division of Consumer and Business Education, Federal
Trade Commission
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Andrea C. Levine, Director – NAD
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4:30
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Adjourned
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