Advertising Claims Substantiation: Significant Considerations
With the rise of new media, technologies and rapid technological advancement, ensuring the validity and truthfulness of advertising claims has become increasingly complex. While the Federal Trade Commission (FTC) imposes laws and regulations against false, misleading, and deceptive advertising, claims become susceptible to risk issues if not substantiated and adequately supported. Hence, advertising claims substantiation becomes more important to ensure a comprehensive, truthful and efficient promotions practice as well as to avoid the potholes of noncompliance.
Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding Advertising Claims Substantiation. This LIVE webcast aims will also provide the audience with practical strategies in advertising claims substantiation in a rapidly evolving legal climate.
Key topics include:
- Advertising Claims Substantiation: A 2019 Perspective on Rules and Standards
- Regulation and Enforcement by FTC
- Recent Trends, Developments and Updates
- Identifying Potential Legal Consequences
- Claims Lawsuits and Advertising Self-Regulation Fora (NAD)
- Risks and Pitfalls
William Rothbard, Attorney
Law Offices of William I. Rothbard
- The “Reasonable Basis” Doctrine in Federal Trade Commission law
- The FTC’s “Competent and Reliable Evidence” Substantiation Standard, as applied to health (structure-function v. disease), “establishment,” and other types of claims (POM Wonderful, Bayer)
- FTC ad substantiation enforcement trends and remedies for violation
- Advertising industry self-regulation, including the dispute resolution forum of the Better Business Bureau’s National Advertising Division (NAD)
- Advertising substantiation best practices and compliance guidance
Andrea L. Christensen, Associate
Duane Morris LLP
- The elements of establishing false advertising claims under the Lanham Act;
- Defenses to false advertising claims;
- Recent case examples;
- The impact of technology/online advertising on false advertising claims.
Who Should Attend:
- Advertising Law Professionals and Practitioners
- Chief Marketing Officers
- Marketing Specialists and Strategists
- Media and Telecommunication Attorneys
- Business and Company Owners
- In-house Counsel
- Public and Private Companies
- Other Related and Interested Professionals
Bill Rothbard specializes in advertising and marketing law. A former FTC advertising enforcement attorney and Attorney-Advisor to the FTC Chairman, he counsels digital advertisers, direct response marketers, and affiliate marketers on their FTC compliance duties and represents clients in federal and state deceptive advertising investigations and enforcement actions. He has litigated and negotiated settlements in dozens of FTC and state Attorney General cases. Bill is a regular speaker at ad industry conferences, a past regular contributor to the Direct Response Marketing Alliance (DRMA) newsletter, and author of FTCAdLaw Alert, an FTC blog published at www.FTCAdLaw.com.
Bill Rothbard specializes in advertising and marketing law. A former FTC advertising enforcement attorney and Attorney-Advisor to the FTC Chairman, …
Andrea L. Christensen counsels clients on all aspects of trademark, copyright and advertising law. She advises clients that range from startups to Fortune 500 in a variety of industries on their selection, clearance, registration and worldwide maintenance of trademarks and copyrights. Ms. Christensen conducts clearance of advertising copy and advises clients on a broad array of trademark and copyright related deals. She also litigates trademark, copyright and advertising related claims, including claims for trademark and copyright infringement and comparative and false advertising.
Andrea L. Christensen counsels clients on all aspects of trademark, copyright and advertising law. She advises clients that range from …
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Method of Presentation:
General knowledge of advertising laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Law Offices of William I. Rothbard
Let Bill Rothbard help you manage and mitigate the legal risk in your next Online Marketing, Direct Response Advertising, or Telemarketing campaign. With more than three decades of experience in the Advertising, Direct Response and Telemarketing industries as an Attorney and former Senior Staff Official with the Federal Trade Commission, Bill Rothbard can expertly guide you through the maze of legal issues that have become an everyday reality for marketers, including telemarketers under the TCPA and the FTC Telemarketing Sales Rule.
About Duane Morris LLP
Duane Morris LLC is a full service law firm with more than 800 lawyers in offices across the United States and internationally. Duane Morris LLP is repeatedly ranked among the leading U.S. law firms handling trademarks, copyrights and advertising related matters, including by U.S. News, Lex Machina, the World Trademark Review, Managing Intellectual Property and Chambers and Partners.