Page 4 - Kattison Avenue - Fall 2025 - Issue 15

Takeaways From the ANA Masters of
Advertising Law Conference

Katten’s ANA Panel on Advertising Risk

By Catherine O'Brien

Intellectual Property Partners Christopher Cole and Kristin Operation AI Comply and ongoing investigations into leading
J. Achterhof, joined by Michael Friedman of Whirlpool, led a technology companies demonstrate that claims about AI
discussion on the evolving risks facing advertisers and brands. capabilities must be truthful, substantiated and appropriately
Their session, “Is There Any Safe Campaign?”, explored how qualified. Likewise, “Made in the USA” representations remain
enforcement priorities, litigation trends and reputational a target, with the FTC actively pursuing companies that cannot
pressures are reshaping the false advertising landscape. show their products meet the “all or virtually all” standard or lack
sufficient documentation of origin.
The panel noted that the FTC’s focus has narrowed under its
current Republican leadership, emphasizing “kitchen table” The panel also addressed the rapid expansion of influencer
issues and clear-cut fraud rather than close cases. Competitors marketing, projected to reach $32 billion in 2025. Recent
and consumers have stepped into the gap, driving enforcement National Advertising Division (NAD) decisions make it clear
through Lanham Act challenges and a growing wave of class that brands are responsible for monitoring influencer content,
actions, particularly those involving alleged greenwashing ensuring that endorsements are truthful and that any material
and sustainability claims, such as “eco-friendly,” “natural” and connections are clearly disclosed.
“sustainable.”
The takeaway was clear: while no campaign is entirely risk-free,
The speakers also addressed the surge in risk surrounding AI- companies that conduct regular claim audits, train marketing
related advertising, as regulators and private litigants increase teams and document substantiation are best positioned to
scrutiny of how companies describe their use of AI. The FTC’s navigate today’s increasingly complex advertising environment.

4 Kattison Avenue | Fall 2025