ACI’s 8th Annual Legal, Regulatory and Compliance Forum on
Advertising Claims Substantiation
February 6 – 7, 2025 • New York Bar Association, New York, NY
Senior Corporate Counsel, Marketing Amazon
DISTINGUISHED CO-CHAIRS
In-House Insights from:
• Brother USA
• Capital One
• Colgate-Palmolive
• Danone
• Henkel
• Marriott International
• Paypal
• Reckitt
• SC Johnson
• Sony Interactive Entertainment
• SuperAwesome
• Unilever
• Verizon
• Whole Foods Market
Ralph
Partner and Chair, Advertising, Marketing & Digital Media Practice Group Baker & Hostetler LLP
of Legal, Marketing and Communications The Clorox Company
2025 Conference Highlights:
CHEVRON-RIGHT Ensuring Proper Claims Substantiation When Leveraging AI in Your Ad Campaigns
CHEVRON-RIGHT Avoiding Unsubstantiated Claims While Managing Consumer Reviews, Endorsements and Influencers
CHEVRON-RIGHT Steering clear of E-Commerce Landmines Involving Junk Fees, Negative Options, and Dark Patterns
CHEVRON-RIGHT Overcoming Challenges in Substantiating ESG and Corporate Sustainability Claims
CHEVRON-RIGHT Lessons Learned from Marketing Misfires and Ad Campaigns Gone Wrong
CHEVRON-RIGHT Compliance Essentials for Promotions, Sweepstakes, and Gamification
CHEVRON-RIGHT Mastering the Numbers: Interpreting Statistics for Ad Claims Substantiation
Master the Complexities of Substantiating Your Advertising Claims in Today’s Fast-Paced, Digital-First Marketplace.
With evolving consumer expectations, increased regulatory scrutiny, and the growing influence of social media and digital advertising – substantiating advertising claims has become more complex than ever.
Attend ACI’s 8th Annual Advertising Claims Substantiation Conference and learn how to substantiate your claims effectively to avoid legal pitfalls, protect your brand’s reputation, and build consumer trust. Stay ahead of evolving regulations and ensure your marketing strategies are both persuasive and compliant.
Gain Valuable Insights On:
Play-circle Navigating the FTC’s Final Rules on Testimonials and Consumer Reviews
Play-circle Using GenAI, Virtual Influencers and Other AI-Enabled Tools in Your Ad Campaigns
Play-circle Traversing The FTC’s Latest Rules on Junk Fees and Subscription Offerings
Play-circle Bridging the Gap Between Legal and Marketing Teams When Launching a New Product
Play-circle Backing Your Health & Wellness Claims with Competent and Reliable Scientific Evidence
Play-circle Claims Substantiation Lessons Learned from Recent Class Action Trends
REGISTRATION IS NOW OPEN.
We look forward to seeing you in New York City this February.
Continuing Legal Education Credits
Benefit from One or Both of Our Comprehensive Workshops
APRE-CONFERENCE WORKSHOP
February 5, 2025 • 1:30 – 5:00
Advertising Claims 101: The Essential Building Blocks of a Successfully Substantiated Advertising Campaign
BPOST-CONFERENCE WORKSHOP
February 7, 2025 • 2:00 – 5:00 A Comprehensive Guide to Competitor Advertising Challenges: Exploring Your Options, Developing Strategies, and Navigating the Courts, FTC, and NAD Proceedings
Distinguished Faculty
CO-CHAIRS
Allison MacDonald
Senior Corporate Counsel, Marketing Amazon
Amy Ralph Mudge Partner and Chair, Advertising, Marketing & Digital Media Practice Group Baker & Hostetler LLP
La Toya Sutton Director of Legal, Marketing and Communications The Clorox Company
SPEAKERS
Penelope Barnett
VP, Chief Marketing Counsel NA Colgate-Palmolive
Barry Benjamin Partner
Kilpatrick, Townsend & Stockton
Katie Bond Partner Keller & Heckman LLP
Valerie Boccadoro Counsel, Marketing and Advertising Verizon
Jacqueline Chan
Assistant General Counsel, Regulatory & Marketing Unilever
Christopher Cole Partner
Chair, Advertising, Marketing and Promotions Practice
Katten Muchin Rosenman LLP
Andra Dallas
Senior Counsel, Head of Legal Marketing PayPal
Brad Eshgh
Senior Manager, Brand Marketing Reckitt Benckiser
Margaret Esquenet
VP & Senior Counsel—Brand, Marketing, and Consumer Experience
Marriott International
John Feldman Partner
Reed Smith
Nancy Felsten Partner
Davis Wright Tremaine
William Frazier
Attorney, National Advertising Division (NAD)
BBB National Programs
Katie Goldstein
Global Head of Policy and Regulatory Affairs SuperAwesome
Sally Guido
Director, Assistant General Counsel, Consumer Regulatory
Capital One
Seth Hopson Assistant General Counsel Henkel
Jason Howell Partner, Chair of Advertising, Marketing & Promotions Group Perkins Coie
Robert Jones Global Counsel SC Johnson Lifestyle Brands
Kawana King Senior Counsel Google
Mark Brian Levine Associate General Counsel Reckitt
Andrew Lustigman
Partner, Advertising Marketing and Promotions Group Chair Olshan Frome Wolosky
David Mallen
Co-Chair, Advertising Disputes Loeb & Loeb
Holly Melton Partner Crowell & Moring LLP
Amanda Morton Advertising Compliance Director Brother USA
Michael Ostheimer Attorney, Division of Advertising Practices Federal Trade Commission
Urmi Patel
Senior Principal Legal Counsel Whole Foods Market
Barry Ritz
Vice President and Head of Regulatory and Scientific Affairs Nestlé Health Science
Tom Rosholt Owner/Principal
Tom Rosholt Consulting, Inc.
Candace Sady
General Counsel, Personal Care Kinberly-Clarkt
Jennifer Santos Attorney
National Advertising Division (NAD)
Michael Sochynsky Marketing & Sales Counsel Danone
Bezalel Stern Partner
Manatt, Phelps & Phillips, LLP
Hannah Taylor Partner, Co-Chair, Advertising and Emerging Technology Groups
Frankfurt Kurnit Klein & Selz
Ivan Wasserman Partner
Amin Wasserman Gurnani LLP
Pre-Conference Workshop A
February 5, 2025 • 1:30 – 5:00
The quality of the speakers was really terrific.
– Partner, ArentFox Schiff LLP
Advertising Claims 101: The Essential Building Blocks of a Successfully Substantiated Advertising Campaign
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
» Reasonable basis
» Competent and Reliable
• How much substantiation is needed?
» Tests Prove
» Studies Show
• Differentiating between different types of claims
» Express vs. implied
» Highest possible standard
Amanda Morton
Advertising Compliance Director
Brother USA
Michael Sochynsky
Marketing & Sales Counsel
Danone
Holly Melton Partner
Crowell & Moring LLP
» Doctors Recommend
» Health and safety claims
• 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
• Understanding the different levels of substantiation required for FDA-regulated products vs. non-FDA regulated products
• 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
» State Regulatory Agencies and Attorneys General Offices
» NAD
» CARU
» Network Reviews
• Examining the steps in the creation of an advertising campaign relative to claims substantiation
» Advertiser Litigation
» Class Actions
• 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
Main Conference Day 1
February 6, 2025
8:30
Allison MacDonald Senior Corporate Counsel, Marketing Amazon
The event was filled with extremely knowledgeable speakers who presented valuable information.
– Specialist, Regulatory & Scientific Affairs, Nestle Health Science U.S.
Amy Ralph Mudge Partner and Chair, Advertising, Marketing & Digital Media Practice Group Baker & Hostetler LLP
Setting the stage for this year’s conference, a panel of cross-industry in-house counsel will address the most challenging advertising and claims substantiation developments of the last year, as well as predictions for the year ahead. Points of discussion will include:
• An analysis of key recent cases and enforcement actions by the FTC, NAD, state attorneys general, and private litigants that have shaped advertising and claims substantiation practices
• What the Supreme Court’s decision in Loper Bright Enterprises might mean for the future of FTC rulemaking
• New and upcoming regulatory guidelines expected to influence claims substantiation in the next year
La Toya Sutton Director of Legal, Marketing and Communications The Clorox Company
NAD. Gain critical insights into the latest priorities, initiatives and investigations being undertaken by these agencies to advance the truth and accuracy in advertising.
10:30 Morning Coffee Break
Seth Hopson
Assistant General Counsel Henkel
Sally Guido Director, Assistant General Counsel, Consumer Regulatory Capital One
Allison MacDonald
Senior Corporate Counsel, Marketing Amazon
Candace Sady
General Counsel, Personal Care Kinberly-Clarkt
Michael Ostheimer Attorney, Division of Advertising Practices Federal Trade Commission
Jennifer Santos Attorney National Advertising Division (NAD)
MODERATOR:
Amy Ralph Mudge Partner and Chair, Advertising, Marketing & Digital Media Practice Group
Baker & Hostetler LLP
With conferences in the United States, Canada, Latin America and Europe, the C5 Group of Companies: American Conference Institute, Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.
Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@AmericanConference.com hands-helping
11:00
and the Future of Advertising – PART 1
Successfully Integrating AI Into Your Ad Campaigns While Adhering to Evolving Regulatory Standards
As AI is revolutionizing the advertising industry, it is also bringing new challenges around ad claims accuracy, substantiation, and regulatory compliance. This panel will explore how brands can harness the potential of AI and ensure claims are transparent, truthful, and substantiated to avoid scrutiny. Join leading advertising counsel as they discuss:
• The latest trends in regulatory enforcement related to AI-generated claims, and what brands need to know to stay compliant
• The specific AI products, platforms and practices that the FTC is closely watching and how to leverage them while avoiding scrutiny
• How to sufficiently document the creative process used to create ads when using AI, and ensuring AI-generated claims are backed by reliable data and clear evidence
• The dangers of “hallucinations” or misinformation in ads created in whole or in part by AI
• Ethical considerations of AI in advertising, including misleading personalization and bias
• Some of the most notable AI campaigns of the past year and key takeaways for maintaining compliance with evolving standards
Kawana King
Senior Counsel
Katie Goldstein
Global Head of Policy and Regulatory Affairs
SuperAwesome
Hannah Taylor Partner, Co-Chair, Advertising and Emerging Technology Groups
Frankfurt Kurnit Klein & Selz
Final Rule and Emerging Areas of Risk for Enforcement and Penalties
In an era where consumer reviews, endorsements, and testimonials heavily influence purchasing decisions and brand reputation, companies face increasing pressure to ensure transparency and compliance with ever-evolving regulations. With recent new rules from the FTC reshaping how businesses can utilize influencer partnerships, customer feedback, and testimonials in their marketing strategies, this panel will dive into:
• How businesses can effectively avoid misleading or unsubstantiated advertising claims while managing endorsements and influencer partnerships
• Developing contractual parameters on what influencers and endorsers may say
• Implementing safeguards against influencer campaign liabilities, including rogue influencers who might tout unsubstantiated claims
• Evaluating the protections offered by various types of disclosures for endorsements made across different platforms and mediums (social media, websites, TikTok, podcasts, etc.)
• An overview of new state-specific laws governing child influencers and influencer compensation
• Examining specific consumer review practices that the FTC is now targeting for enforcement activity and penalties under the new final rules
• Understanding the different requirements and best practices relative to: incentivized reviews, insider reviews, hijacked reviews, reviews on other third-party websites, reposted or repurposed reviews, review platforms and algorithms, etc.
• Avoiding FTC penalties: Real-world examples of how companies have navigated the gray areas of the new rules to ensure compliance
Penelope Barnett
VP, Chief Marketing Counsel NA Colgate-Palmolive
Andrew Lustigman
Partner, Advertising Marketing and Promotions Group Chair
Olshan Frome Wolosky
2:00 Junk Fees, Negative Options, and Even Darker Patterns: Avoiding the Latest E-Commerce Advertising Landmines
As e-commerce continues to grow, tactics like junk fees, negative option marketing, and dark patterns are drawing increased scrutiny from regulators, enforcers and consumer advocates alike. With the FTC and other regulatory bodies cracking down on these practices, navigating the blurred lines between persuasive design and deceptive marketing is more important than ever. This panel will explore:
• The FTC’s new Negative Options Rule and their latest rules on junk fees
• How to determine when your website design and advertising practices cross into the deceptive territory, and the specific tactics that are triggering enforcement activity
• How regulators are addressing junk fees, hidden costs and sneaky add-ons and what companies must do to ensure fee transparency
• Developing a compliance plan for subscription models and automatic renewals to stay on the right side of the latest enforcement trends
• Strategies for avoiding dark patterns and implementing consumer-friendly, transparent advertising and marketing techniques
Margaret Esquenet
VP & Senior Counsel—Brand, Marketing, and Consumer Experience
Marriott International
Jason Howell Partner, Chair of Advertising, Marketing & Promotions Group
Perkins Coie
2:45
Mastering the Numbers: How Marketing Lawyers Can Effectively Read, Understand, and Translate Statistics for Advertising Claims Substantiation
In today’s data-driven advertising landscape, in-house marketing lawyers must be equipped with the tools to confidently interpret and evaluate statistical evidence used to back advertising claims. In this session, legal practitioners and statistical experts will discuss:
• The fundamentals of reading and understanding study results
• Common statistical pitfalls to avoid in the substantiation process
• How to translate complex data into clear, defensible language for regulatory review
• How to align legal strategies with the scientific accuracy needed to substantiate claims and avoid regulatory scrutiny
3:15 Afternoon Break
Andra
Dallas Senior Counsel, Head of Legal Marketing PayPal
Tom Rosholt Owner/Principal
Tom Rosholt Consulting, Inc.
3:30 Health and Wellness Advertising Under Attack: Backing Your Claims with Competent and Reliable Scientific Evidence to Withstand Heightened Scrutiny
As the post-pandemic health and wellness market continues to boom, consumers increasingly rely on scientific claims to make informed decisions. But with heightened scrutiny from regulators, brands must ensure that their advertising claims are not only persuasive but also scientifically substantiated. Failure to back claims with credible evidence can lead to regulatory penalties, reputational damage, and consumer mistrust. This panel will explore:
• The heightened legal and ethical responsibilities associated with substantiating health and wellness claims
• The latest standards and guidelines from the FTC, FDA, and other authorities on making wellness claims
• Building a robust substantiation strategy: gathering and presenting sufficient scientific evidence that withstands scrutiny
• Common pitfalls and risk areas: avoiding misleading or unverified claims that could trigger enforcement actions
• Lessons from companies that have successfully (and unsuccessfully) navigated scientific validation of health/wellness claims in their advertising
4:15
Katie Bond Partner
Keller & Heckman LLP
Barry Ritz
Vice President and Head of Regulatory and Scientific Affairs
Nestlé Health Science
Ivan Wasserman Partner Amin Wasserman Gurnani LLP
Lessons Learned from Marketing Misfires: Key Takeaways from the Frontlines of Ad Campaigns Gone Wrong and Critical Claim Substantiation Missteps
Through a series of first-hand accounts, this panel will share real-world examples of marketing campaigns that went sideways, including critical lessons learned from claim substantiation failures. Benefit from hearing about common (and not so common) pitfalls in advertising endeavors, unforeseen challenges, regulatory missteps, and the consequences of insufficient evidence backing product claims. Attendees will gain valuable insights into how to avoid these errors and develop robust, compliant marketing strategies that protect both their brand and bottom line.
5:00 Conference Adjourns
Barry Benjamin Partner
Kilpatrick, Townsend & Stockton
La Toya Sutton Director of Legal, Marketing and Communications
The Clorox Company
Main Conference Day 2
February 7, 2025
8:30 Co-Chairs’ Welcome Back
The actual content presented at the conference was relevant, helpful and insightful to those in advertising law.
– Advertising Compliance Manager, Brother International Corporation
8:45 Insulating Yourself from Plaintiff Bar Attacks: Incorporating Lessons from Recent Advertising Claims Class Actions Into Your Future Claims Substantiation Strategies
• Reviewing key class action rulings on advertising claims substantiation from 2024: what are the most significant trends and takeaways?
• Identifying recent trends in claim disputes and spotlighting the types of claims businesses should avoid to minimize future litigation risks
• Evaluating the financial impact of misleading claims – how are these decisions affecting a company’s profitability?
Christopher Cole
Partner, Chair, Advertising, Marketing and Promotions Practice
Katten Muchin Rosenman LLP
Mark Brian Levine Associate General Counsel Reckitt
9:30 An Interactive Mock-Product Launch Exercise: Understanding How to Support Your Business While Also Being a Good Lawyer
Legal and marketing teams oftentimes engage in a battle of the wills during a new product launch. What can and cannot be claimed becomes a compliance tug of war.
In this interactive session, our panelists will engage in a product launch role-playing exercise which will demonstrate how to bridge the gap between legal and marketing teams. You will learn how to effectively support your marketing team’s creative vision while ensuring compliance with all legal and regulatory standards. Attendees will walk away with an understanding of how to balance business goals with sound legal counsel, and the tools to be both a proactive business partner and a diligent lawyer.
10:15 Morning Coffee Break
10:45
Critical Compliance Pitfalls with ESG and Corporate Sustainability Claims
As ESG initiatives take center stage, companies are increasingly promoting their sustainability efforts through advertising. From green claims to responsible sourcing and ethical hiring practices, businesses must ensure their messaging is compliant with evolving regulatory standards, as misleading, exaggerated or unsubstantiated claims can lead to regulatory actions, reputational damage, and consumer distrust. This panel will explore:
• What it really means to be “green” in 2025: meeting the latest compliance requirements for environmental claims
• What exactly you need to show to back up claims of climate reduction, sustainability, carbon neutrality, and beyond
• How to substantiate ESG claims with credible evidence and transparent reporting to withstand regulatory scrutiny
• An examination of the latest enforcement actions based on misleading claims that products are “responsibly sourced”
• How to ensure your ethical hiring claims are sufficiently backed up when the regulators come knocking
• Insights into upcoming changes in ESG-related compliance and how to future-proof your sustainability claims
• Exploring successful ESG campaigns and cautionary tales of companies that have faced challenges due to poorly substantiated or exaggerated corporate sustainability claims
Valerie Boccadoro Counsel, Marketing and Advertising Verizon
Brad Eshgh Senior Manager, Brand Marketing Reckitt Benckiser
Nancy Felsten Partner
Davis Wright Tremaine
Robert Jones
Global Counsel
SC Johnson Lifestyle Brands
11:45 AI and the Future of Advertising – PART 2
Virtual Faces, Real Legal Risks: Managing the Unique Challenges of Using AI-Generated Influencers in Advertising
This panel will explore the emerging risks associated with using digital personas in marketing campaigns, including intellectual property concerns, consumer protection laws, disclosure requirements, and potential liability for misleading or deceptive practices. Attendees will walk away with an understanding of how brands can responsibly leverage virtual influencers while staying compliant with regulatory standards and minimizing legal exposure.
Jacqueline Chan Assistant General Counsel, Regulatory & Marketing Unilever
Bezalel Stern Partner
Manatt, Phelps & Phillips, LLP
12:15 Ensuring Fair Play: Advertising Compliance Essentials for Promotions, Sweepstakes, and Gamification
Promotions, sweepstakes, and gamification are powerful tools for driving consumer engagement, but they come with a complex set of legal requirements. This panel will explore the key compliance challenges marketers face when launching these types of campaigns, including transparency, fairness, and adherence to regulatory standards.
Key points of discussion will include:
• Navigating FTC regulations, state laws, and international rules governing sweepstakes, prize promotions and gamified marketing campaigns
• Best practices for avoiding deceptive advertising and ensuring transparency in promotions and contests
• Understanding the line between promotional sweepstakes and lottery/gambling
• Navigating data privacy and consumer protection laws within interactive and gamified marketing experiences
• Best practices for structuring compliant gamification elements that encourage consumer participation
Senior Principal Legal Counsel Whole Foods Market
John Feldman Partner Reed Smith
• Exploring successful case studies of compliant promotions, sweepstakes and gamified campaigns, and lessons from campaigns that faced legal challenges
1:00 Conference Concludes
The C5 Group, comprising American Conference Institute, the Canadian Institute and C5 in Europe, is a leading global events and business intelligence company.
For over 40 years, C5 Group has provided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities. Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.
Post-Conference Workshop B
February 7, 2025 • 2:00-5:00
Excellent topics, knowledgeable presenters.
– Regulatory Affairs Manager, OLLY PBC
A Comprehensive Guide to Competitor Advertising Challenges: Exploring Your Options, Developing Strategies, and Navigating the Courts, FTC, and NAD Proceedings
In today’s competitive market, challenging a rival’s advertising claims can be an effective way to protect your brand and ensure fair competition. However, success in these disputes requires a deep understanding of the legal framework and a strategic approach. This comprehensive workshop will explore the key steps to take when challenging your competitors’ advertising claims, including the intricacies of navigating FTC and NAD proceedings. Our panel will provide practical insights on:
• Making the decision of whether to challenge a competitors claim, and when to do it
• Formulating a clear and effective strategy for challenging a competitor’s claim, including setting objectives and assessing the potential impact on your brand
• Understanding the types of evidence and scientific support needed to substantiate your challenge and win in court or before regulatory bodies
• Navigating the regulatory and self-regulatory processes: understanding what steps need to be taken with the FTC, NAD and other agencies to initiate and resolve an advertising dispute and how to effectively utilize their platforms
• A step-by-step guide for how to leverage NAD processes to address misleading claims
» Developing a working knowledge of how the NAD functions and its review systems
» Assembling a checklist on the essentials and protocols of appearing before the NAD
» Identifying common red flags for NAD relative to unsubstantiated claims
» Navigating your way through an NAD proceedings
» Establishing best practices that can help you work with the NAD to find common ground in clarifying a claim
William
Attorney, National Advertising Division (NAD) BBB National Programs
• Managing the dispute process: best practices for engaging with competitors, regulatory agencies, and legal counsel throughout the dispute resolution process to achieve favorable outcomes
• Employing strategies to minimize risk of counterclaims or retaliation from competitors during or after a challenge
UPCOMING EVENTS
ACCOMMODATIONS
Register and pay to lock in your early rate and be eligible for a full refund until January 23, 2025.
If you are unable to attend for any reason, you will have the following options:
y A full credit note for you, or a colleague to attend another event.
y A full refund.
All cancellations and changes must be submitted to CustomerService@AmericanConference.com by January 23, 2025.
If