ADventures in Law

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NAD 2024 is in the books. It was a jam-packed two days. You’ll hear more about the NAD conference on this site in the days to come, but here are a few quick highlights. First, the conference was notable for the number of senior FTC speakers. Bureau Director Sam Levine, Associate Director for Ad Practices Serena Viswanathan and Commissioner Melissa Holyoak gave the attendees insights into the commission’s past actions and current priorities. The conference also had an international flair, including Guy Parker, CEO of the UK’s Advertising Standards Authority, who got the prize for most panel appearances.

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In terms of topics, attendees heard about NAD’s year in review, which included a SWIFT challenge to an ad featuring Travis Kelce (insert your own appropriately funny comment here), puffery, how to substantiate claims, strategies regarding use of experts (featuring our very own Amy Mudge and Laura Brett, BBB National Programs VP with oversight for NAD), dark patterns, AI and influencers (including an appearance by an actual beauty products influencer).

At the conclusion of the conference, Laura Brett and Mary Engle, former FTC official and current executive vice president, policy, for BBB National Programs, offered up a few observations.

All advertisers need to watch out for AI issues, particularly when it comes to its use to perpetrate fraud and misrepresentations

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The minority FTC commissioners are likely to scrutinize the agency’s actions closely in terms of what they believe to be the scope of its authority.

Take heed of Bureau Director Levine’s admonition to look at your subscription cancellation process and to remember that junk fees are already unlawful.

While the infamous “it depends” response to a question for legal advice is much maligned, it often really is the best answer when it comes to advertising review, as much of advertising review is contextual and involves the exercise of good judgment. The good news is that it makes it harder to replace all of us with AI.

Look carefully at the FTC’s guidance on reviews. When to disclose can be very nuanced, but you can never go wrong following the “when in doubt, disclose” rule.

Advertising and advertising regulation are increasingly global in nature. The good news is that in many areas such as green claims, AI and influencers, there are far more similarities than differences around the globe in terms of how such claims and technologies are regulated.

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For those of you who missed the NAD conference this year but wished you hadn’t, next year’s conference will be on the same dates (Sept. 16-17) and at the same hotel chain (Hilton Conrad) but in a different city – Washington, D.C.

NAD 2024 Recap