Our Self-Regulation Case Digest delivers timely summaries of newly released case decisions and compliance actions from the National Advertising Division (NAD) and BBB National Programs’ other self-regulatory bodies. Built for congressional staff, federal agencies, state attorneys general, and other regulators, this quarterly email keeps you current on the ad law and privacy cases that align with Federal Trade Commission and Food & Drug Administration regulations. Sign up: hubs.la/Q04BgYDr0

Weighing standard contractual clauses against the Data Privacy Framework for your data transfers out of Europe? SCCs require negotiating and maintaining a separate legal agreement with every party you share data with, while DPF lets you receive data from Europe without needing SCCs in place at all. That's a meaningful efficiency gain, especially for companies without a lot of legal resources to spare. #DPFExplained Learn more about BBB National Programs' DPF services and get started today: hubs.la/Q04BhfCM0

“Eco-friendly.” “Sustainable.” “Green.” Brands use claims like these to stand out, but what do consumers actually take away from them? New research from BBB National Programs’ National Advertising Division, conducted by University of British Columbia researchers, surveyed 1,794 U.S. consumers across six kinds of products and services. Here’s what it found: 🌿 Broad, unqualified green claims can create a “halo effect.” Consumers assumed companies engaged in environmental practices that the ad never mentioned. 🌿 Specific claims, like “made from 100% recycled materials,” helped consumers form more accurate impressions. 🌿 Getting specific didn’t hurt brand appeal. In fact, the research found no apparent marketing penalty for greater transparency. As NAD Vice President Phyllis Marcus put it: “Advertisers can improve consumer understanding while continuing to build trust in their brands.” Read The Green Claims Effect: hubs.la/Q04BgMRm0

Does certifying to the Data Privacy Framework mean you can check GDPR off your list? DPF is meant to address one important piece of the GDPR framework: international data transfers. If your company is subject to GDPR, you likely still have a number of other requirements to fulfill beyond what DPF covers. #DPFExplained Learn more about BBB National Programs' DPF services and get started today: hubs.la/Q04zk4K20

On Wednesday, October 14, BBB National Programs' Katherine Armstrong, Deputy Director, National Advertising Division (NAD) and Sean Marshall, Attorney, NAD, will lead the session "Case Study and Practical Implementation" at the Food and Drug Law Institute's (FDLI) virtual course, Introduction to Advertising and Promotion for Medical Products. Attendees will apply what they have learned to a hypothetical review of promotional materials. Learn more and register: hubs.la/Q04zk47-0

California's SB 813 begins building the framework for Independent Verification Organizations to assess AI developers' safety and risk claims. In her latest blog, BBB National Programs' Divya Sridhar, VP Global Privacy Division, explains why that independence only builds trust when it connects to correction, ongoing oversight, and consequences. Read: hubs.la/Q04zcWLG0

The National Advertising Division determined that Blissy supported its Blissy Silk Pillowcases “Less Frizz” claim but recommended certain hair breakage and tangles, anti-aging and wrinkle prevention, acne, clinical study results, and dermatologist endorsement claims be modified or discontinued. Read the case decision summary: hubs.la/Q04zcVVq0

This month, BBB National Programs CEO Eric Reicin will speak at Bentley University’s Hoffman Center for Business Ethics 50th Anniversary Conference. Eric will lead the session, “Soft Law and Hard Choices: The Promise and Limits of Independent Industry Self-Regulation—from Practice to Pedagogy.” Learn more: hubs.la/Q04z7XXL0

The National Advertising Division determined that T-Mobile provided support for certain comparative claims regarding T-Fiber but recommended the "Break free from big cable contracts" claim be modified. Read the case decision summary: hubs.la/Q04z1QYd0

CARU’s pre-screening services help businesses spot and correct issues in child-directed ads before they go live. ▪ Purpose: Identify and resolve compliance concerns early ▪ How it works: One-on-one review at any stage, from concepts to polished ads or websites ▪ Benefits: Cost-effective, quick guidance that prevents expensive mistakes ▪ Authority: Grounded in CARU’s Advertising Guidelines and COPPA safe-harbor status Learn more: hubs.la/Q04y2zJh0

[Live at #NAD26 – Closing Remarks: The Road Ahead] BBB National Programs' Phyllis Hurwitz Marcus and Mary Engle are reviewing the conference and discussing their vision for the year ahead. #NAD27 will be held in Washington, DC next September – sign up to recieve updates here: hubs.la/Q04yD-Xf0

[Live at #NAD26 – The New ESG: Greenhushing, EPR, Paperization, Recyclability, and More] Christopher A. Cole (Katten Muchin Rosenman LLP), Kristin Marchesiello (Unilever), Andrew J. Topps (American Forest & Paper Association), and Eric Unis (BBB National Programs) are unpacking how brands can effectively communicate ESG and packaging initiatives while navigating greenhushing, EPR and recycling mandates, paper-versus-plastic tradeoffs, and other emerging standards. Learn more about the conference and see the full agenda: hubs.la/Q04yDJxf0

[Live at #NAD26 – Keynote Address] Katherine B. Forrest, Partner, Paul, Weiss, is delivering today's keynote address on AI's increasing velocity of change and how the latest advances in AI and agentic AI are changing the business environment around us. Learn more about the conference and see the full agenda: hubs.la/Q04yCVjV0

[Live at #NAD26 – Value and Pricing Claims: Trends and New Challenges] Joseph Lawlor (Haynes Boone LLP), Brian Shull (Federal Trade Commission), and Sean Marshall (BBB National Programs) explore value and pricing claims such as strike-through pricing, algorithmic-driven pricing, auto-renewals, and countdown clocks, along with industry-specific trends. Learn more about the conference and see the full agenda: hubs.la/Q04yBYZ50

[Live at #NAD26 – Navigating Health Claims in a Shifting Regulatory Landscape] Jennifer Adams (Amin Wasserman Gurnani LLP), Sarah Carlson (Sidley Austin LLP), Aidan Grano-Mickelsen (Eli Lilly and Company), and Katherine Armstrong (BBB National Programs) are discussing the shifting policy landscape, practical substantiation approaches, and common pitfalls in pharmaceutical advertising and claims addressing serious medical conditions. Learn more about the conference and see the full agenda: hubs.la/Q04yBdFQ0

[Live at #NAD26 – AI, Novel Engagement, Familiar Risks: What's Next in Advertising?] Laura Protzmann (BBB National Programs), Lauren Aronson (Mondelēz International), and Leanne Gabinelli (L'Oréal USA, Inc.) explore how platforms and content creators engage with consumers, including through AI and influencer campaigns, and discuss the risks that accompany these evolving practices. Learn more about the conference and see the full agenda: hubs.la/Q04yzB_V0

[Live at #NAD26 – FTC Update] Katherine White, Principal Deputy Director of the Bureau of Consumer Protection, is providing an update on the FTC and highlighting recent cases on critical advertising law topics. Learn more about the conference and see the full agenda: hubs.la/Q04yz5zG0

[Live at #NAD26 – NAD Procedural Updates: What Practitioners Need to Know] NAD's Phyllis Hurwitz Marcus, Katherine Armstrong, and Annie Ugurlayan are presenting recent updates and proposed changes to the NAD process, what is driving them, and what they could mean for parties navigating future challenges. Learn more about the conference and see the full agenda: hubs.la/Q04yvYfj0

[Live at #NAD26 – Trust By Design: Trending Issues in Ethics and Legal Practice] David Kluft, Assistant Bar Counsel at the Massachusetts Office of Bar Counsel, is examining how AI is reshaping legal ethics—from verifying AI-generated citations and evidence to lawyers’ duties of competence and supervision. Learn more about the conference and see the full agenda: hubs.la/Q04yvj_80