Green Marketing Compliance Summit

Register Now • 888-224-2480 • AmericanConference.com/GreenMarketingEarnCLE CreditsGreen Marketing Compliance SummitAmerican Conference Institute’sPractical Strategies to Substantiate Green Claims, Maximize Profitability, and Reduce the Risk of Future Enforcement ActionsMay 24-25, 2011 Sutton Place Hotel | Chicago, ILExperienced in-house attorneys, government officials, and industry stakeholders from:FTC | NAD | TerraChoice | Center for Resource Solutions Procter & Gamble | Staples | Clorox | Sarah Lee…as well as leading outside counsel will provide highly-specialized, practical guidance on:Substantiating green marketing claims to avoid costly errors, ?penalties and lawsuitsApplying appropriate disclosures to certification seals on ?product packagingCreating compliant claims using technical renewable energy/ ?renewable materials terms: carbon offsets, biodegradability, recyclable vs. contains recyclable materialsMaintaining compliance with the new requirements and revisions ?in the FTC’s updated Green GuidesLearning from other countries’ experience with guidelines, ?enforcement, and carbon awarenessKeeping pace with scientific and technological ?advances to align with customer expectationsKeynote Address from FTC: Explaining the Evolution of the Revised Green Guides and Preparing for the FutureJames A. KohmAssociate Director of Enforcement, Bureau of Consumer ProtectionFederal Trade CommissionDistinguished Co-Chairs:Gabriel T. MartinezAdvertising CounselThe Clorox Company (Oakland, CA)Jeffrey A. GreenbaumPartnerFrankfurt Kurnit Klein & Selz PC (New York, NY) DON’T MISS THE INTERACTIVE POST-CONFERENCE WORKSHOPS:“Green Science” Primer: Essential Tools to Effectively Substantiate Claims by Understanding the Terminology and Industry Verification behind Green Marketing InitiativesMay 25, 2011 | 9:00 am – 12:00 pmConducting Comprehensive Life Cycle Analyses to Maximize the Benefit of Green Marketing Campaigns Using Renewable Energy and Materials ClaimsMay 25, 2011 | 1:00 pm – 4:00 pm Media Partner:Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/GreenMarketingCreate green marketing programs that minimize your risk of compliance errors and enforcement actionsThe FTC’s revisions to the Guides for the Use of Environmental Marketing Claims (“Green Guides”) has placed a spotlight on green marketing campaigns and industry insiders predict a wave of enforcement is all but imminent. As FTC seeks to tame the “wild west” of green advertising, unsubstantiated or generalized environmental benefit claims put you at risk of costly enforcement, competitor suits, or worst of all consumer class actions. American Conference Institute (ACI) has responded to the needs of the industry by creating the Advanced Green Marketing Compliance Summit, which brings together an expert international faculty to provide the most comprehensive insight into the future of green advertising claims, providing a toolkit to effectively prepare for the changes. Prepare for the impact of what the revised Green Guides say… and don’t sayAs FTC gears up to begin enforcing green marketing violations, companies need to assess their current campaigns and ensure that they are incorporating all of the new requirements into marketing strategy. Complying with guidelines that are silent on a number of terms, including “natural,” “organic,” and “sustainable,” however, is a daunting task. Gain some clarity by hearing directly from James Kohm, Associate Director of Enforcement, Bureau of Consumer Protection at FTC, who will be delivering a keynote address explaining the evolution of the Green Guides and what to expect in the future. Hear from an expert faculty, who will share their best practices for creating compliant and cost-effective green claims, and will also help you learn from damaging mistakes. Topics will include:• Achieving a high degree of precision in green claims and substantiating those claims in a cost-effective manner while avoiding generalized green benefit claims• Maximizing the effectiveness and minimizing risk by incorporating appropriate disclosures when using certification seals• Preparing for the future by learning from the experiences in other countries that have implemented guidelines for green marketing• Creating green marketing campaigns that are in line with consumer expectations and that keep pace with the latest advances in science and technology• Understanding technical and complex concepts regarding renewable energy and materials and incorporating them into marketing copyApply what you have learned at the hands-on and interactive post-conference workshopsAt Workshop A: “Green Science” Primer: Essential Tools to Effectively Substantiate Claims by Understanding the Terminology and Industry Verification Behind Green Marketing Initiatives, take a rare opportunity to delve into the complex and key scientific concepts that drive green claims and learn technical terms that fill the green lexicon to better “check” your experts and ensure that claims will pass FTC muster. Workshop B: Conducting Comprehensive Life Cycle Analyses to Maximize the Benefit of Green Marketing Campaigns Using Renewable Energy and Materials Claims provides practical insights on performing life cycle analyses of products to minimize the risk of consumer class actions for greenwashing and improperly making claims about renewable energy and materials.Special pricing is available for this unique and in-depth one-day event. Space is extremely limited; reserve your seat now by calling 888-224-2480, faxing your registration form to 877-927-1563 or registering online at www.americanconference.com/GreenMarketing.Continuing Legal Education CreditsAccreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board in the amount of 7.5 hours. An additional 3.5 credit hours will apply to each workshop participation.ACI certifies that this activity has been approved for CLE credit by the State Bar of California in the amount of 6.25 hours. An additional 3.0 credit hours will apply to each workshop participation.You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held.ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/CLECLE CreditsIn-house counsel, officers, and directors at ?companies engaging in green marketingMarketing counsel ?Environmental counsel ?Sustainability officers ?Attorneys specializing in: ?Advertising• Marketing• Environmental law• Brand management• An essential event for:With more than 500 conferences in the United States, Europe, Asia Pacific, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world. As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation.For more information about this program or our global portfolio of events, please contact:Wendy Tyler Head of Sales, American Conference InstituteTel: 212-352-3220 x5242 | Fax: 212-220-4281 w.tyler@AmericanConference.comGlobal Sponsorship OpportunitiesRegister now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/GreenMarketingTuesday, May 24, 20117:45 Registration and Continental Breakfast8:30 Co-Chairs’ Opening RemarksGabriel T. MartinezAdvertising CounselThe Clorox Company (Oakland, CA)Jeffrey A. GreenbaumPartnerFrankfurt Kurnit Klein & Selz PC (New York, NY)8:45 FTC Keynote: Explaining the Evolution of the Revised Green Guides and Preparing for the FutureJames A. KohmAssociate Director of Enforcement Bureau of Consumer ProtectionFederal Trade Commission (Washington, DC)9:30 Avoiding Compliance Errors, Penalties, and Lawsuits: Substantiating Green Marketing Claims in a Precise yet Cost-Effective MannerBrooks M. Beard PartnerMorrison & Foerster LLP (San Francisco, CA)Christopher A. ColePartnerManatt, Phelps & Phillips, LLP (Washington, DC)• Building a compliant green marketing program- Weighing the options to determine if a green marketing campaign is the correct path to take- Getting your ducks in a row: early evaluation procedures to ensure that claims can be substantiated before it becomes prohibitively costly• Complying with regulations by creating claims with a high degree of precision- Being sufficiently specific in your statements to match your substantiation• Mitigating the risk of competitor suits through claim substantiation transparency• Dodging challenges to claims by considering the product’s entire lifecycle• Conveying the maximum environmental benefit in green claims while keeping substantiation and testing costs to a minimum• Determining when it is worthwhile to challenge testing results- Cost-effective methods to disprove claims• Timing is everything: Assessing substantiation needs early in the marketing process to reduce increased costs down the road• Distinguishing the FTC’s definition of general benefit claims vs. specific claims• Understanding what the FTC means by prohibiting general benefit claims- Is any qualification acceptable? Possible? - What to do about product names? - How specific do you have to be when talking about product?• Communicating environmental benefits on product packaging and advertising within the scope of FTC’s Green Guides10:30 Morning Coffee Break10:45 Working with an Unworkable Standard: Effectively Using Certification Seals on Packaging with Appropriate DisclosuresGabriel T. MartinezAdvertising CounselThe Clorox Company (Oakland, CA) Wisla Heneghan VP, Associate General Counsel Staples, Inc. (Framingham, MA)Jeffrey A. GreenbaumPartnerFrankfurt Kurnit Klein & Selz PC (New York, NY)• Reducing the risk of using seals of approval by recognizing that the seal itself can convey a claim• Disclosing any “material connection” despite the fact that the scope of “material connection” is not well defined in the context or third party certifications• Determining how much information about the environmental criteria certifying bodies use that should be included on the label- How much detail may appear in a website that is referenced on the label? • Complying with the FTC Endorsement Guide when using certifications- Providing supporting materials - Making appropriate disclosures- How to obtain disclosure when trade organizations are the certifying body- Practical tips for getting the necessary disclosures• Avoiding FTC scrutiny of general certifications implying a general green benefit - Revising past certifications to make them more specific- Including appropriate qualifying information• Ensuring your third-party certifications pass FTC muster: Independent verification of third-party certifying bodies- Guaranteeing that certifying body’s standards are being met in order to include seal of approval- Vetting your certifying body• Pitfalls to avoid when including an internally-created certification seal on products- Disclosures- Independent substantiation and scientific testing11:45 Mitigating the Risk of Enforcement and Lawsuits: Guidance from the FTC and NADDavid MallenAssistant Director, Legal AffairsNational Advertising Division of the Better Business Bureau (New York, NY) James A. KohmAssociate Director of Enforcement Bureau of Consumer ProtectionFederal Trade Commission (Washington, DC)Moderator:Jami GekasPartnerWildman Harrold Allen & Dixon LLP (Chicago, IL)Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/GreenMarketing• Identifying FTC’s enforcement priorities and the current state of the Green Guides• Understanding how companies are getting in trouble and identifying compliance risks- Examples of what companies are doing wrong• Insight into FTC’s projected level of enforcement once Guides are final• Performing adequate lifecycle analysis in very specific product areas• Disclosures: how much information is adequate and where should it be located?• Determining what guidance businesses can draw from the FTC’s omissions in the green guides: “sustainable,” “natural,” and “organic”• What additional environmental claim information about a product, and placement on the label would be necessary to clarify use of the term “sustainable” for consumers or what other substantiation would suffice?12:45 Networking Lunch for Speakers and Delegates2:00 Incorporating Technical Renewable Energy/Renewable Materials into Green Marketing Strategy: Carbon Offsets, Biodegradability, Recyclable vs. Contains Recyclable Materials, and moreJill WassermanPartnerKing & Spalding LLP (Atlanta, GA)Sheila A. MillarPartnerKeller and Heckman LLP (Washington, DC)• Evaluating the requirements set forth in the proposed FTC Green Guides regarding advertising renewable materials/energy claims• Creating compliant claims by understanding the science behind the concept of “renewable”- What makes it renewable?- Considering the entire lifecycle of the product- How do you talk about a product being made from renewable and sustainable sources?- What is a carbon offset? How can you make statements about carbon offsets by being able to back them up with substantive data?• Best practices for performing a lifecycle analysis to prevent deceptive claims - Ensuring there are no detriments that outweigh environmental benefits• Respecting and understanding the power of retailers when developing environmental marketing claims- Raising consumer awareness- Requiring suppliers to complete sustainability survey - Changing sustainability practices up and down stream• Keeping costs down when performing the scientific testing required to measure the impact of each package or product - Carbon labeling schemes around the country - Assessing the carbon footprint of products- What level of testing is necessary?• Avoiding claims of deceptive labeling through consumer education: recyclable vs. contains recycled materials- How do you distinguish on the limited space on a product label whether something is recyclable or contains recycled materials? - Thinking like the consumer: How will they perceive certain claims?• Obtaining proper scientific substantiation in advertising and marketing claims of renewable energy and materials • Understanding the science behind standards for biodegradability- What can you say and not say with regard to biodegradability?- Distinguishing how to qualify “degradable” claims if the product takes more than one year to decompose or if the product decomposes within one year but under conditions other than customary disposal- What information is important to be included in the qualification? - The impact of the new one year period of reasonableness for biodegradability3:00 Afternoon Refreshment Break3:15 Guidance from Abroad: Learning From Other Countries’ Experience with Green Guidelines, Cases, and Carbon AwarenessWendy ReedPartnerHeenan Blaikie LLP (Toronto, Ontario, Canada)Stephen GroomHead of Marketing and Privacy LawOsborne Clarke (London, UK)• Assessing where the US stands in the global view of green marketing regulation - are we stricter or do we set a lower bar? • Evaluating what green guidelines are out there- International green claim standards and guidelines- Other countries’ individual guidelines• Learning from green cases elsewhere - from Canada to Europe to Down Under and beyond• Developing internal rules and standardization for global green advertising initiatives: key similarities and differences between US and other rules• Avoiding contradictory claims in different countries to preserve credibility with consumers• Planes, oil and automobiles - how do bigger emitters get in on the green without greenwashing? - Examples of those who’ve gone down trying• Yes, carbon labeling on consumer products is really happening out there: what’s the story and how might it impact US companies?4:15 Surviving the “Wild West” of Green Claims: Meeting Consumer Expectations in Green Advertising Claims while Keeping Pace with Technological and Scientific AdvancesAudra KaraliusVice President Sustainability, Environment & SafetySara Lee Corporation (Downers Grove, IL)Scot CaseVice President, TerraChoiceDirector, Markets Development, UL Environment (Reading, PA)Alexis E. PaynePartnerPattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP (Chicago, IL)Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/GreenMarketingRandi W. SingerPartnerWeil, Gotshal & Manges LLP (New York, NY)• Making the most technically state-of-art claims that are in line with consumer expectations • Avoiding greenwashing claims by staying current with technological changes and consumers’ demands and sophistications• Educating consumers in an efficient way that alleviates confusion and adds sophistication to their understanding of the technology behind “green”• Using the internet to provide additional information- Qualifying claims in a clear and prominent manner on the label• Keeping consumers interested and building trust through credible and provable claims- Avoiding outrageous and non-verifiable claims that increase consumer skepticism• Predicting what consumers think your green message means in light of technological advances• Battling consumer fatigue over green advertising: Knowing when making a green marketing claim is not advantageous- Distinguishing between experiential and scientifically substantiated claims- Empowering consumers to understanding the testing process and understand how a green claim is proved- How important is green packaging? When is it a detriment to the product’s marketing?• Crafting powerful environmental marketing claims that resonate with the target market and they represent a meaningful attribute about the product• Determining whether the relevance of the claim can be important in determining whether a claim is deceptive5:30 Day One Concludes© American Conference Institute, 2011WORKSHOP A“Green Science” Primer: Essential Tools To Effectively Substantiate Claims By Understanding The Terminology and Industry Verification Behind Green Marketing InitiativesMay 25, 2011 | 9:00 am – 12:00 pmJustin ProchnowOf CounselGreenberg Traurig LLP (Denver, CO)Robin O. QuarrierGreen-e® Analyst & CounselCenter for Resource Solutions (San Francisco, CA)Claim substantiation is essential to achieving a compliant and effective green marketing campaign, yet many practitioners do not know the meanings of many terms within the green lexicon, let alone how to apply the underlying industry verification to what is being claimed. This workshop provides an in-depth and comprehensive overview of not only the wide array of green terms being used in marketing endeavors, but also delves into the science that supports such claims. Topics will include:• Providing a detailed understanding of complex green terms- Carbon Offsets- RECs vs. Renewable Energy- Biodegradability- Sustainable- Natural and Organic• Evaluating the scientific proofs required to substantiate a claim• Challenging the science behind claim substantiation- What defenses exist?- What data is necessary?- What do third party certifiers check?- How much can you rely on certifiers as substantiation?• Understanding the science behind renewable energy and renewable materials• Avoiding greenwashing claims that are “unfair or deceptive” through a thorough understanding of what constitutes going too far• Performing lifecycle analyses of products to better understand the concept of being greenWORKSHOP BConducting Comprehensive Life Cycle Analyses to Maximize the Benefit of Green Marketing Campaigns Using Renewable Energy and Materials ClaimsMay 25, 2011 | 1:00 pm – 4:00 pm Sandy Turner LaneSenior CounselProcter & Gamble Company (Cincinnati, OH)Ross WeismanPartnerKirkland & Ellis LLP (Chicago, IL)This workshop is designed to build on the concepts introduced during the main conference and Workshop A to delve deeply into life cycle analyses to minimize the risk of greenwashing claims. The risk of consumer class actions stemming from inaccurate claims of renewable energy or materials being utilized in a product is very real, and the damages have the potential to be astronomical. Renewable energy and materials claims must only be made if there is substantiation to support the benefit being claimed, and evaluating the entire life cycle of a product is an essential component of the support required to make such claims. The expert faculty will guide you through assessing the stages of a product’s life cycle and will address topics, including:• Understanding what a life cycle analysis is and how it should be incorporated into green claims- Evaluating the debates around life cycle analysis: what are industry concerns?• Assessing if the claim is truly green: Performing a lifecycle analysis to uncover non-green components of the product’s creation, manufacturing, and disposal• Determining when the risk of making a difficult to substantiate renewable energy or materials claim outweighs the benefit of making such a claim- Learning from inaccurate claims of carbon neutrality• Effective and compliant methods to promote the biodegradability of a product• Avoiding consumer class actions by making well-informed and scientifically-supported renewable energy/materials claims• Utilizing terms not addressed by FTC in the revised Green Guides: natural, organic, and sustainable- Where do these terms fit into a life cycle analysis?- Where does FTC stand?- The NAD positionR E g i s t R a t i o n f o R mcontact dEtails NAME POSITION APPROVING MANAGER POSITIONORGANIZATIONADDRESS CITY STATE ZIP CODETELEPHONE FAX EMAIL TYPE OF BUSINESSRegistration feeThe fee includes the conference, all program materials, continental breakfasts, lunches, refreshments and complimentary membership of the ACI Alumni program.Payment PolicyPayment must be received in full by the conference date. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization.cancellation and Refund PolicyYou must notify us by email at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not “share” a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify American Conference Institute (ACI) in writing up to 10 days prior to the conference date and a credit voucher valid for 1 year will be issued to you for the full amount paid, redeemable against any other ACI conference. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. ACI reserves the right to cancel any conference it deems necessary or remove/restrict access to the ACI Alumni program and will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by ACI for changes in program date, content, speakers, venue or arising from the use or unavailability of the ACI Alumni program.Hotel informationAmerican Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the “ACI-Green Marketing” conference to receive this rate:Venue: Sutton Place HotelAddress: 21 East Bellevue Place, Chicago, IL 60611Reservations: (800) 606-8188 or 312-266-2100incorrect mailing informationIf you would like us to change any of your details please fax the label on this brochure to our Database Administrator at 1-877-927-1563, or email data@AmericanConference.com.ATTENTION MAILROOM: If undeliverable to addressee, please forward to: advertising /marketing counsel; sustainability counsel/VP/officer; director advertising/marketing; manager of advertising/marketing; Environmental counselconfEREncE codE: 806l11-cHio YEs Please register the following delegate for Green Marketing Compliance SummitPRIORITY SERVICE CODE806L11.INHSPECIAL DISCOUNTWe offer special pricing for groups and government employees. Please email or call for details. Promotional discounts may not be combined. ACI offers financial scholarships for government employees, judges, law students, non-profit entities and others. For more information, please email or call customer service.To reserve your copy or to receive a catalog of ACI titles go to www.aciresources.com or call 1-888-224-2480.CONFERENCE PUBLICATIONSFEE PER DELEGATE Register & Pay by Apr 15, 2011 Register & Pay by May 1, 2011 Register after May 1, 2011o ELITEPASS*: Conference & Both Workshops $1995 $2095 $2195o Conference & Workshop oA or oB $1695 $1795 $1895o Conference Only $1395 $1495 $1595o I cannot attend but would like information on accessing the ACI publication library and archive?PaYmEntPlease charge my o VISA o MasterCard o AMEX o Please invoice me NUMBER EXP. 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See CLE details inside.*ELITEPASS is recommended for maximum learning and networking value.5 Easy Ways to RegisterMAIL American Conference Institute 45 West 25th Street, 11th Floor New York, NY 10010PHONE 888-224-2480FAX 877-927-1563ONLINE AmericanConference.com/GreenMarketingEMAIL CustomerService @AmericanConference.com8*Ê': Green Marketing Compliance SummitAmerican Conference Institute’sPractical Strategies to Substantiate Green Claims, Maximize Profitability, and Reduce the Risk of Future Enforcement ActionsMay 24-25, 2011 Sutton Place Hotel | Chicago, ILINTERACTIVE POST-CONFERENCE WORKSHOPS:“Green Science” Primer: Essential Tools to Effectively Substantiate Claims by Understanding the Terminology and Industry Verification behind Green Marketing Initiatives May 25, 2011 | 9:00 am – 12:00 pmConducting Comprehensive Life Cycle Analyses to Maximize the Benefit of Green Marketing Campaigns Using Renewable Energy and Materials ClaimsMay 25, 2011 | 1:00 pm – 4:00 pm