Last week in Washington, D.C., the BBB National Programs wrapped up another successful NAD conference. The conference, as usual, provided a rich and unique experience for attendees, including updates from the Federal Trade Commission (FTC), developments in consumer protection law, the nuts and bolts of scientific claim substantiation and valuable insights into National Advertising Division's self-regulatory process and priorities. It was also the first NAD conference that featured Phyllis Marcus, the NAD's VP, at the helm of the self-regulatory unit. And while one has to experience the NAD conference firsthand to take in the breadth of content and unique energy, here are some of the highlights and key takeaways:
- Eric Reicin, the BBBNP's CEO, prefaced the proceedings with a quip, noting the obligation at any conference to mention AI every eight or nine minutes. And for good reason. FTC Commissioner Mark Meador announced the Commission's crackdown on AI fraudsters, including chatbots. The National Advertising Division (NAD) emphasized that misleading claims about AI would be a focus of self-regulatory monitoring efforts.
- Influencer marketing was also front and center, featuring NAD's cases and self-regulatory efforts for training and certifying influencers by the newly formed Institute for Responsible Influence.
- Will the current FTC continue to support NAD's efforts, and how will they handle referrals to the Commission? According to Consumer Protection Director Christopher Mufarrige, it will be "business as usual."
- NAD held its first ever pre-conference workshop on NAD fundamentals. I was pleased to join an expert panel and enjoyed exploring the strategies for effective advocacy and navigating the NAD process.
- The NAD conference is unique in attracting, as attendees, not
only advertising lawyers, but also marketers and scientists who
play an indispensable role in the advertising and marketing
ecosystem. The content absorbed included a deep dive into
scientific claim substantiation, the use and abuse of customer
reviews, NAD's review of advertising in regulated industries
(FDA, EPA, etc.) and....did we mention....the challenges posed by
the use of Artifical Intelligence in advertising.
"Proper deployment of resources is vital because misguided law enforcement will undermine the exceptional nature of the American economy. Nowhere is that more so than relative to privacy and artificial intelligence" according to Consumer Protection Director Christopher Mufarrige
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