Legal Affairs

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WELCOME, INTRODUCTIONS, AND ANNOUNCEMENTS (10:00 – 10:15 am)

I.    THE CBD MARKETING MINEFIELD (10:15 – 11:00 am)
Cori Goldberg, a Partner at Reed Smith, will present an overview of current federal (FDA, USDA) and state regulations for CBD and CBD products and what that means for businesses. Specifically, she will cover the implications for food, drug, dietary supplement, and cosmetic companies and discuss the risks of putting into interstate commerce – and advertising having done so - products in those categories that contain CBD.

Speaker:
Cori Goldberg,
Partner, Reed Smith LLP

II.    ANA GOVERNMENT RELATIONS AND LEGAL UPDATES (11:00 am – 12:00 pm)

A.    THE MANDATORY DISCLOSURE MUDDLE (11:00 – 11:30 am)
The Department and Health and Human Services has appealed the decision that threw out its rule regarding mandatory disclosures in televised prescription drug ads. Meanwhile, we should know in a few months whether the Supreme Court will take an appeal from the Ninth Circuit on it’s decision upholding a mandatory disclosure ordinance relating to cell phones from Berkeley, California. Will the courts provide more clarity than we have now? Dan Jaffe will discuss.    

B.    STATE PRIVACY (11:30 am – 12:00 pm)
Most of the state legislatures have wrapped up for 2019 – but California’s Attorney General is busy working on the regulations governing the California Consumer Privacy Act, which takes effect in under three months. ANA has set up a working group that is following the implementation process and providing a forum for our members to share intel and best practices. We’ll discuss how ANA is responding.

Speakers:
Dan Jaffe, Group Executive Vice President, Government Relations, ANA
Chris Oswald, Senior Vice President, Government Relations, ANA

III.    TRUST CONSORTIUM UPDATE (12:00 – 12:15 pm)
ANA held its second Trust Summit yesterday at Simulmedia here in New York, building on the work that came out of our first meeting back in May. Doug Wood and Keri Bruce will provide a recap of the summit and how the consortium is working to restore trust in the marketing ecosystem through transparency, integrity, and growth.

Speakers:
Doug Wood,
Partner, Reed Smith LLP and ANA General Counsel
Keri Bruce,
Partner, Reed Smith LLP

LUNCH (12:15 – 1:00 pm)

IV.    THE FTC’S COPPA REVIEW (1:00 – 1:15 pm)
The FTC recently held a workshop titled “The Future of the COPPA Rule,” in light of “evolving business practices in the online children’s marketplace, including the increased use of Internet of Things devices, social media, educational technology, and general audience platforms hosting third-party child-directed content.” It has also asked for comments on what updates are needed to COPPA. ANA is working on comments and has set up a working group of members to provide input. We will discuss our how are comments are taking shape and how our members can contribute further to our efforts.

Speaker:
Tara Sugiyama Potashnik, Partner, Venable LLP

V.    OPEN DISCUSSION (1:15 – 2:00 pm)
We will discuss a few open items, including the 2020 Law and Policy 1-Day Conference that will be taking the place of the Advertising Law & Public Policy Conference.