ACI's 4th Annual Legal, Regulatory and Compliance Forum on Advertising Claims Substantiation

EARN CLE CREDITS

February 3–4, 2021 | Virtual Conference ACI’s 4th Annual

Legal, Regulatory and Compliance Forum on

Advertising Claims Substantiation Develop successful strategies to substantiate claims in this new advertising landscape

Distinguished Co-Chairs: Kathryn Farrara Associate General Counsel, NA – Marketing Unilever

Highlights for 2021:

Think tank on: FTC’s Endorsement Guide and strategies for compliant influencer marketing and consumer social media reviews with: Heather Opdyke Manager, Advertising Compliance Brother International

Serena Viswanathan Acting Associate Director Division of Advertising Practices, Bureau of Consumer Protection Federal Trade Commission

Debora Welch Assistant General Counsel, NA Beauty Retail, Zotos International, Joico and MyDentity Legal Department Henkel Corporation

Case study on: How COVID-19 has impacted claims substantiation across a variety of wellness products with a focus session on structure function vs. health claims featuring: Sally Davis Senior Director, Corporate Counsel SC Johnson

Randi Schumacher Deputy General Counsel Nutrabolt

Svetlana Walker Vice President & Deputy General Counsel – Global Growth and KCNA Baby & Child Care Kimberly-Clark Corporation

Spotlight on: Navigating the intricacies of properly substantiating environmental claims from a domestic and international perspective with: Katie Jennings Manager, Consumer Technical Insights Seventh Generation Inc.

Randy Liebowitz Global Food Regulatory Senior Counsel PepsiCo, Inc.

AmericanConference.com/AdvertisingClaims • 888 224 2480

Limor Robinson Mann Chief Oral Care Marketing Counsel, Global Colgate-Palmolive Company

Gabe Martinez Senior Director of Legal – Strategic Growth and Marketing The Clorox Company

Interactive Virtual Conference Features This program is designed to bring the dynamic, in-person conference experience to you virtually with multiple ways to engage with speakers, stay connected with industry peers and expand your professional network through 1-on-1 conversations.

Pre-Conference Meet & Greet Q&A Sessions With the Regulators and Consumer Advocates Live Polling 1:1 Networking Breaks

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Distinguished Faculty CO-CHAIRS Kathryn Farrara Associate General Counsel, NA – Marketing Unilever (Englewood Cliffs, NJ) Gabe Martinez Senior Director of Legal – Strategic Growth and Marketing The Clorox Company (Oakland, CA) SPEAKERS Barry Benjamin Partner Kilpatrick Townsend & Stockton (New York, NY) Caleb Brian New Product Claims Specialist, Stationary and Office Supplies Division 3M (St. Paul, MN) Thomas Cohn General Counsel and Corporate Secretary The Avon Company (New York, NY) Christopher Cole Partner and Co-chair, Advertising and Product Risk Management Practice Crowell & Moring (Washington, DC) John Cooper Director of Strategy, Veeva Claims Veeva Systems (San Francisco, CA) Sally Davis Senior Director, Corporate Counsel SC Johnson (Racine, WI) Pamela Deese Partner Arent Fox LLP (Washington, DC)

Kathleen Dunnigan Senior Attorney National Advertising Division BBB National Programs (New York, NY) Adam Ekonomon Vice President and Deputy General Counsel, Marketing and Regulatory The J.M. Smucker Company (Orrville, OH) Megan Frient Director & Assistant General Counsel, Global Litigation & Dispute Resolution The Procter & Gamble Company (Cincinnati, OH) John Graubert Partner Covington and Burling LLP (Washington, DC) Todd Hartley Senior Counsel, Advertising and Marketing Bridgestone Americas, Inc. (Nashville, TN) Katie Jennings Manager, Consumer Technical Insights Seventh Generation Inc. (Burlington, VT) Danielle Lemack Assistant General Counsel HP Hood LLC (Lynnfield, MA) Randy Liebowitz Global Food Regulatory Senior Counsel PepsiCo, Inc. (Purchase, NY) Stefano Liparoto Senior Regulatory Manager, Regulatory & Scientific Affairs Smoke & Grill RedArrow, a Kerry Company (Manitowoc, WI)

Andrew Lustigman Partner Olshan Frome Wolosky LLP (New York, NY)

Terri Seligman Partner Frankfurt Kurnit Klein & Selz (New York, NY)

David Mallen Partner & Co-Chair, Retail and Consumer Brands Loeb & Loeb LLP (New York, NY)

Mark Smith Founder & CEO Purdy Smith (London, UK)

Limor Robinson Mann Chief Oral Care Marketing Counsel, Global Colgate-Palmolive Company (New York, NY) Phyllis Marcus Partner Hunton Andrews Kurth LLP (Washington, DC) Gonzalo Mon Partner Kelley Drye & Warren LLP (Washington, DC) Amy Mudge Partner and Co-Chair Advertising, Marketing & Digital Media Practice Group Baker & Hostetler LLP (Washington, DC) Megan Olsen Vice President & Associate General Counsel Council for Responsible Nutrition (Washington, DC) Heather Opdyke Manager, Advertising Compliance Brother International (Bridgewater, NJ) Randi Schumacher Deputy General Counsel Nutrabolt (Boise, ID)

Carl Szabo Vice President and General Counsel NetChoice (Washington, DC) Angela Tiffin Senior Attorney Children’s Advertising Review Unit BBB National Programs (New York, NY) Serena Viswanathan Acting Associate Director Division of Advertising Practices, Bureau of Consumer Protection Federal Trade Commission (Washington, DC) Svetlana Walker Vice President & Deputy General Counsel – Global Growth and KCNA Baby & Child Care Kimberly-Clark Corporation (Neenah, WI) Ivan Wasserman Managing Partner Amin Talati Wasserman LLP (Washington, DC) Debora Welch Assistant General Counsel, NA Beauty Retail, Zotos International, Joico and MyDentity Legal Department Henkel Corporation (Stamford, CT) Devon Winkles Senior Counsel, Legal, Regulatory & Compliance Danone North America (Broomfield, CO)

CONTINUING LEGAL EDUCATION CREDITS EARN CLE CREDITS

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

2 | #AdvertisingClaims

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ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

For more information on ACI’s CLE process for virtual events visit: www.americanconference.com/ accreditation-instructions-for-virtual-attendance/

Find solutions to the challenges of substantiating claims in this new era of advertising

A

s pandemic fears keep shoppers out of brick-and-mortar stores, retailers and brands have had to adjust their business practices to stay connected with consumers. E-commerce has taken center stage and marketers are busier than ever tapping into more creative ways to tout their products through a variety of channels. Increased reliance on direct-to-consumer promotion has resulted in a shift away from traditional techniques and put more pressure on companies to ensure their products stand out, while at the same time compliantly adhering to the core tenet of advertising: claims substantiation.

Join us at ACI’s 4th annual Advertising Claims Substantiation Forum, being offered for the first time on an interactive virtual platform, to stay connected with your peers and ensure you have the knowledge and guidance needed to navigate this ever-evolving landscape.

We have assembled an esteemed faculty of advertising industry stakeholders, including counsel, representatives from key government agencies, and consumer protection groups to keep you informed on the latest legal and regulatory challenges facing advertising and marketing professionals. Gain valuable insights on:

Who You Will Meet?

In-house counsel and business executives responsible for: ç Advertising and Promotion ç Social Media ç Digital Marketing/ Communications ç Corporate Communications ç Interactive Marketing ç Entertainment/Media ç Emerging Technologies ç Brand Management and Development ç Crisis Communications ç Public Relations

» FTC’s Endorsement Guides and strategies for compliant influencer marketing and consumer social media reviews

ç Intellectual Property

» New initiatives being implemented by NAD and CARU to promote truth in advertising claims, including Fast-Track SWIFT and Complex Track

ç Privacy

» The overarching impact of COVID-19 on claims substantiation across a variety of wellness products with a focus session on structure function vs. health claims

Outside counsel with practices in:

» Understanding the intricacies of properly substantiating environmental claims from a domestic and international perspective

ç Advertising

» How to apply lessons learned from decisions in recent class action cases to arrive at best practices for strengthening your defense

ç Marketing

» Necessary proofs for making a country of origin claim and anticipated changes to the requirements

ç Consumer Products ç Entertainment/Sports/Media

Don’t miss this opportunity to align your advertising practices with regulator priorities and expectations.

ç Privacy ç Intellectual Property

PLUS…Expand Your Learning with One or Both of Our In-depth Workshops:

A

Advertising Claims 101 – The Building Blocks of a Successfully Substantiated Advertising Campaign

B

AmericanConference.com/AdvertisingClaims • 888 224 2480

ç Technology and Digital Media

Working Group on Substantiating Advertising Claims for FDA Regulated Consumer Products: OTC Drugs, Food, Dietary Supplements, and Cosmetics — Special COVID-19 edition

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Pre-Conference Workshop

Cogs WORKSHOP A Clock 8:00 am–10:00 am ET

Wednesday, February 3, 2021

Advertising Claims 101 – The Building Blocks of a Successfully Substantiated Advertising Campaign Microphone-alt Caleb Brian, New Product Claims Specialist, Stationary and Office Supplies Division, 3M (St. Paul, MN)

Pamela Deese, Partner, Arent Fox LLP (Washington, DC)

The session will provide a comprehensive overview of both the content and terminology used to support claim substantiation for product and service advertisements, as well as the higher standards applied to comparative claims. Whether you are new to the industry or an advertising professional interested in a refresher, this pre-conference workshop will provide the foundation for the main conference.

Points of discussion will include: • When is substantiation required? Benefits of truthful claims.

• Defining key advertising terms relative to claims substantiation » Claim » Competent and Reliable » Reasonable basis » Highest possible standard • How much substantiation is needed? » Tests Prove » Doctors Recommend » Studies Show » Health and safety claims • Differentiating between different types of claims » Express vs. implied • What evidence is necessary to substantiate a claim? How to examine the quality of the substantiation—it is not all created equal.

• Exploring the role of statistics and scientific evidence in the claim substantiation process

• Examining testing requirements used to substantiate claims » Are the tests required dependent on the type of claim? » How do these tests differ based on the product or service?

• Using experts, consumer surveys and other extrinsic evidence to determine what an ad conveys • How to appropriately use qualifications or disclosures in advertising • Comparative claims: pitfalls and standards • Exploring ways in which a substantiated claim may be utilized • Understanding the interplay between marketing and legal departments when making a claim on a product or service • Identifying regulatory bodies and watchdog groups that monitor advertising—there are real consequences to false claims » FTC » CARU » State Regulatory Agencies and » Network Reviews Attorneys General Offices » Advertiser Litigation » NAD » Class Actions • Examining the steps in the creation of an advertising campaign relative to claims substantiation • Understanding how the requirements for substantiation change when working with a new product vs. an established product • Ensuring the method matches the message • Key language to use and avoid in an advertisement • Successfully displaying a stated goal • Understanding when a trademark can be considered a claim • Using US origin as a claim

Interactive Virtual Conference Features This program is designed to bring the dynamic, in-person conference experience to you virtually with multiple ways to engage with speakers, stay connected with industry peers and expand your professional network through 1-on-1 conversations.

PRE-CONFERENCE MEET & GREET Grab your morning coffee and ease into the program through a unique face-to-face virtual icebreaker session with some of the speakers you'll be hearing from during the conference.

This is your chance to gain exclusive access to the expert faculty and get to know one another in a more casual setting.

4 | #AdvertisingClaims

Q&A SESSIONS WITH THE REGULATORS AND CONSUMER ADVOCATES Join us as representatives from FTC, NAD and CARU will answer your questions! Inform your organization's next steps with guidance straight from the regulators and consumer protection groups. Submit questions in advance or engage directly during the session.

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LIVE POLLING Weigh in and seize the opportunity to benchmark with industry peers in real-time on leading advertising claims-related challenges.

1:1 NETWORKING BREAKS Join us for an exclusive networking opportunity where you will be able to connect with up to 5 other attendees, selected at random, for a oneon-one discussion. Chat privately, share contact details and create meaningful connections that stretch beyond the program content.

Main Conference Day 1

12:45

Wednesday, February 3, 2021 ET 10:20 Pre-Conference

Focus on Social Media

Meet & Greet

10:30

Co-Chair’s Opening Remarks

Fireside Chat with FTC on Social Media and Influencer Marketing Guidance

The Year in Review: A Look Back on Key Legal Developments and Trends Impacting Advertising Claims Substantiation Microphone-alt Kathryn Farrara, Associate General Counsel, NA – Marketing, Unilever (Englewood Cliffs, NJ)

Microphone-alt Serena Viswanathan, Acting Associate Director,

Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission (Washington, DC)

Gabe Martinez, Senior Director of Legal – Strategic Growth and Marketing, The Clorox Company (Oakland, CA)

10:35

Gabe Martinez, Senior Director of Legal – Strategic Growth and Marketing, The Clorox Company (Oakland, CA) Terri Seligman, Partner, Frankfurt Kurnit Klein & Selz (New York, NY)

Our co-chairs will lead a discussion on the opportunities and challenges related to advertising claims substantiation in 2020, including major trends, cases and regulatory developments of the past year and what to expect for 2021.

interviewer: Phyllis Marcus, Partner, Hunton Andrews Kurth LLP (Washington, DC)

In February 2020, the Federal Trade Commission announced it was launching a review of its Endorsement Guides. ACI is pleased to welcome Serena Viswanathan, Acting Associate Director in the FTC’s Bureau of Consumer Protection. Ms. Viswanathan will share insights on comments on the Guides received to date, anticipated revisions to recommendations for online testimonials and endorsements in advertising, and other enforcement issues surrounding influencer marketing. ***At the end this session, we will open the floor to questions.

Please send questions in advance to Parvaneh at p.pessian@americanconference.com.

12:00

1:1 Networking and Lunch

For the first 10 minutes of this break, you will have the opportunity to connect, chat and share contact details with up to 5 other attendees, selected at random, for a one-on-one conversation.

Points of discussion will include: • Greatest Hits: Highlights of recent significant cases and actions taken by state AGs, FTC, private plaintiffs and NAD • Policy changes and federal regulations that have affected claims substantiation in 2020 • Emerging industry trends and initiatives to watch in the claims substantiation sphere

Microphone-alt Amy Mudge, Partner and Co-Chair Advertising, Marketing & Digital Media Practice Group, Baker & Hostetler LLP (Washington, DC)

11:15 Q&A

Microphone-alt Kathryn Farrara, Associate General Counsel, NA – Marketing, Unilever (Englewood Cliffs, NJ)

Creating Circles of Influence: Developing Strategies for Claims Compliant Influencer Use and Social Media Reviews

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Heather Opdyke, Manager, Advertising Compliance, Brother International (Bridgewater, NJ)

Debora Welch, Assistant General Counsel, NA Beauty Retail, Zotos International, Joico and MyDentity, Legal Department, Henkel Corporation (Stamford, CT)

Now that we’ve heard from the FTC, this panel of industry authorities will offer various perspectives on how companies are implementing effective and compliant influencer marketing and consumer social media review strategies in view of agency guidance and enhanced claims scrutiny by regulators.

Points of discussion will include: • Understanding the relationship between influencer claims, testimonials and consumer reviews relative to claims substantiation • Examining how the FTC’s influencer guidance is affecting influencer use • Identifying key elements that you should include in influencer contracts • Evaluating protections afforded by disclosures • Analyzing the use of new and emerging social media » TikTok » Instagram Stories » Snapchat • From a testimonial or review to a marketing campaign: comprehending the extent to which consumer permission is needed to repurpose reviews • Dissecting consumer perception » Traditional consumer surveys vs. social media chatter » Review platforms and algorithms: used for good or to suppress negative reviews?

• Determining how companies are managing expectations relative to influencers and reviews and the variations depending on the campaign and platform • Grasping the implications of reviews on Amazon and other third-party websites

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Case Study on Structure Function vs. Health Claims

3:15 3:45

Q&A with NAD and CARU

2:00 POLLING

Promoting Wellness in the Age of COVID-19: Striking a Balance Between Opportunity and Responsibility Microphone-alt Sally Davis, Senior Director, Corporate Counsel, SC Johnson (Racine, WI)

Andrew Lustigman, Partner, Olshan Frome Wolosky LLP (New York, NY)

Randi Schumacher, Deputy General Counsel, Nutrabolt (Boise, ID)

Svetlana Walker, Vice President & Deputy General Counsel – Global Growth and KCNA Baby & Child Care, Kimberly-Clark Corporation (Neenah, WI)

The unexpected arrival of a global pandemic has created confusion around claims substantiation as a plethora of companies scrambled to launch new wellness products or repackage old ones claiming some kind of health benefit. This panel will use the backdrop of COVID-19 as a case study to illustrate the dangerous and fine line between legitimate wellness promotion and making deceptive health claims.

Points of discussion will include:

Microphone-alt Kathleen Dunnigan, Senior Attorney, National

Advertising Division, BBB National Programs (New York, NY)

Angela Tiffin, Senior Attorney, Children’s Advertising Review Unit, BBB National Programs (New York, NY)

interviewer: Gonzalo Mon, Partner, Kelley Drye & Warren LLP (Washington, DC)

Join us for an interactive conversation with the NAD and CARU as they discuss new initiatives to promote truth in advertising claims and other hot topics. The NAD will discuss its recent launch of two new tracks for challenging false advertising: the Fast-Track SWIFT and Complex Track. CARU will let us know their latest initiatives for ensuring proper substantiation for children’s advertising. ***At the end this session, we will open the floor to questions.

Please send questions in advance to Parvaneh at p.pessian@americanconference.com.

Main Conference Day 2

Thursday, February 4, 2021 ET 8:45

Co-Chair’s Opening Remarks and Recap of Day 1 9:00 POLLING

What It Means to be ‘Green’ – Managing Environmental Claims and Avoiding Deceptive Practices Microphone-alt Randy Liebowitz, Global Food Regulatory Senior Counsel, PepsiCo, Inc. (Purchase, NY)

Katie Jennings, Manager, Consumer Technical Insights, Seventh Generation Inc. (Burlington, VT)

Limor Robinson Mann, Chief Oral Care Marketing Counsel, Global, Colgate-Palmolive Company (New York, NY)

Mark Smith, Founder & CEO, Purdy Smith (London, UK)

4:45

Matters of Taste: Exploring New Trends in Sensory Claims and Consumer Preferences Microphone-alt Barry Benjamin, Partner, Kilpatrick Townsend &

• Understanding the impact of a pandemic on claims for disease prevention • Avoiding making misleading and scientifically unsupported claims about products’ ability to treat or prevent coronavirus in response to consumer fears • Substantiating claims under the gun: maximizing opportunities in a time of need while ensuring proper safeguards to avoid exploiting a crisis • Following FDA guidance and regulations for products such as masks and hand sanitizers • Immunity boosting and support: which claims are appropriate and which ones are not? » Recent NAD/FTC cases relevant to dietary supplements and foods • Avoiding the dangers of implied claims relative to health benefits • Interpreting the necessary proofs for therapeutic grade claims: a critical assessment of claims made for essential oils, cosmetics and similar products • Reviewing federal and state ramped-up enforcement efforts to ensure compliance and measuring the impact of unsubstantiated therapeutic claims in a pandemic » Will we see more aggressive positions in advertising substantiation cases for health and wellness products?

6 | #AdvertisingClaims

Afternoon Break

Stockton (New York, NY)

Adam Ekonomon, Vice President and Deputy General Counsel, Marketing and Regulatory, The J.M. Smucker Company (Orrville, OH) Devon Winkles, Senior Counsel, Legal, Regulatory & Compliance, Danone North America (Broomfield, CO)

• Exploring new sensory claims and strategies for avoiding pitfalls • Proving that ‘my product tastes better than yours’ or ‘consumers prefer my vacuum over yours’ – basic rules and industry standards • Navigating sensory claims testing: sample size, methodology and other key criteria for taste tests • Understanding comparative advertising and mitigating the risks of performance claims » What is required to properly substantiate these types of claims? » Can it be based on public consumer data online? » What kinds of testing is adequate?

• Case studies of recent competitor comparison claims and damages incurred 5:30

Conference Adjourns to Day 2

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As more marketers put environment friendliness at the forefront of product creation and promotion, it’s crucial to apply truth-inadvertising principles to any and all green claims.

Points of discussion will include: • Defining sustainability claims and understanding the requirements of FTC’s Green Guides • Meeting the requirements for substantiation of green and environmental claims: » What you can and cannot say and what are the guardrails? » What types of testing are needed for claims around biodegradable, recyclable, etc. Where should the data come from? » Can the claim be based on the ingredients alone?

• Promote environmental claims without pushing too far and “greenwashing” » Ensuring credibility of claims for consumers and stakeholders » Avoiding general and unqualified environmental benefit claims » Case Study: NAD decision on P&G’s advertising claims for Tide Purclean

• Deciphering symbols and icons and what’s needed for green certification • Comparing claims challenges presented from environmental soundness of packaging materials and product production from an international perspective • Using third-party seals and ensuring how to not mislead consumers if a company creates its own seal 10:15

Made in USA: Avoiding Unqualified Country of Origin Claims

11:00

For the first 10 minutes of this break, you will have the opportunity to connect, chat and share contact details with up to 5 other attendees, selected at random, for a one-on-one conversation.

11:30

Todd Hartley, Senior Counsel, Advertising and Marketing, Bridgestone Americas, Inc. (Nashville, TN)

Stefano Liparoto, Senior Regulatory Manager, Regulatory & Scientific Affairs, Smoke & Grill, RedArrow, a Kerry Company (Manitowoc, WI)

• Assessing how consumers interpret country of origin claims » What the current standards are and anticipating changes to the requirements • Discussing the limitations of the proposed Made in USA Rule on marketers and impacts of allowing FTC authority to seek civil penalties for violations • Determining the impact of political influence on enforcement priorities • Understanding manufacturer-retailer liability with materials coming from different countries and the impact of COVID-19

12:15

The Future of Claim Substantiation and Challenges around Emerging Technology Microphone-alt John Cooper, Director of Strategy, Veeva Claims, Veeva Systems (San Francisco, CA)

Defending Your Claims: Lessons Learned from Recent Advertising Claims Class Actions

David Mallen, Partner & Co-Chair, Retail and Consumer Brands, Loeb & Loeb LLP (New York, NY)

Microphone-alt Christopher Cole, Partner and Co-chair, Advertising and

Carl Szabo, Vice President and General Counsel, NetChoice (Washington, DC)

Product Risk Management Practice, Crowell & Moring (Washington, DC)

Microphone-alt John Graubert, Partner, Covington and Burling LLP (Washington, DC)

1:1 Networking and Morning Break

Megan Frient, Director & Assistant General Counsel, Global Litigation & Dispute Resolution, The Procter & Gamble Company (Cincinnati, OH)

This session will examine recent decisions from class action cases focused on advertising claims substantiation in 2020. Speakers will discuss best practices for building a strong defense for the substantiation of a claim, including presenting the necessary evidence to support a claim, properly examining witnesses, and successful settlement strategies. They will also emphasize lessons learned from class action activity for companies to be aware of at the start of new ad campaigns.

• Interpreting recent decisions from class action cases focused on advertising claims in 2020 and building a strong defence • Examining instances in which claims were adjudicated as misleading • Analyzing the extent of damages for misleading claims • Exploring trends in recent claims activity and identifying claims to avoid preventing future advertising claims litigation

As various forms of technology continue to evolve more rapidly than the claim substantiation rules relevant to those technologies, many companies are left operating without a net. This session will explore issues surrounding technology’s outpacing of policy and the need to develop forward-thinking laws and regulations that keep advertising principles top-of-mind.

• Exploring disputes around 5G and network coverage claims • Evaluating claims about devices and computer technology • Ensuring claim substantiation rules keep up with rapid changes in technology • Creating standards from a scientific and legal perspective • Leveraging new technologies to help companies get a better handle on claims life cycle management 1:00

Conference Concludes

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Post-Conference Workshop Thursday, February 4, 2021

Cogs WORKSHOP B Clock 1:45 pm–5:15 pm ET

Working Group on Substantiating Advertising Claims for FDA Regulated Consumer Products: OTC Drugs, Food, Dietary Supplements and Cosmetics — Special COVID-19 edition Microphone-alt Thomas Cohn, General Counsel and Corporate Secretary,

Megan Olsen, Vice President & Associate General Counsel, Council for Responsible Nutrition (Washington, DC)

Ivan Wasserman, Managing Partner, Amin Talati Wasserman LLP (Washington, DC)

The Avon Company (New York, NY)

Danielle Lemack, Assistant General Counsel, HP Hood LLC (Lynnfield, MA)

Claims made for FDA regulated consumer products have come to the forefront as a result of the COVID-19 pandemic. Claims for everything from food to vitamins to soap have touted some prophylactic effect against novel coronavirus.

This interactive working group will explore the necessary requirements for claims substantiation of FDA-regulated consumer products, including OTC drugs, dietary supplements, food, and cosmetics.

The session will provide you with the information necessary to make properly substantiated claims in view of COVID as well as ordinary matters.

Points of discussion will include: • Understanding how COVID-19 has raised the bar for claims substantiation of FDA regulated consumer goods

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• Exploring the relationship between the FTC and FDA in this arena • Analyzing FTC advertising guidelines (deception, substantiation, environmental, endorsements/ testimonials, Made in USA) • Determining the scientific evidence necessary to meet FTC claim substantiation standards • Assessing if a clinical trial or study is necessary in view of recent pronouncements • Taking a closer look at how the FTC and FDA views claims on these products via social media and influencers • Assessing how OTC Monograph reform may influence claims substantiation » Examining how the FDA’s Final Sunscreen monograph has impacted claims substantiation in the advertising of those products

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Workshops

• Reviewing the latest pronouncements on “organic,” “all-natural” “green,” “clean” and “100% real ingredients” claims • Studying the current status of CBD relative to FDA regulated consumer goods » Where do the FDA and FTC stand on the use of this ingredient? » Do hemp products hold different regulations from products containing CBD? • Exploring enforcement activity for unsubstantiated claims, including recent warning letter analysis • Examining the recent challenges against claims made for these types of products » NAD challenges » Class actions

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