Raising the Bar: When Guidance and Proposed Rules Set Standards That May Go Beyond Established Law

Advertisers and NAD rely on FTC rules and guidance to ensure truthful and accurate advertising, but what is an advertiser to do when updated guidance and proposed rules are treated like established law? And what is the government’s obligation when litigated decisions contradict that guidance? How should NAD balance its interest in maintaining FTC support for industry self-regulation with advertisers’ insistence that the FTC is not focusing on its statutory obligation to ensure claims are not false or otherwise deceptive?

Join Partner, John Villafranco, as he teams up with Mary Engle, Executive Vice President, Policy, BBB National Programs, to address these questions, and more.