April 8 - 10, 2013

A two-and-a-half day professional course

presented byThe Institute for Perception

at The Greenbrier, White Sulphur Springs, WV

“How a survey or product test is planned, executed and interpreted is often the persuasive element in an advertising claim dispute.”

--- Dr. Daniel M. Ennis

WHO SHOULD ATTENDThis professional course is recommended for general manage-ment, attorneys specializing in advertising law, in-house counsel, market researchers, product developers and packaging/product testing specialists. You will learn about the different types of ad-vertising claims and what is required to support or refute a claim. Approximately 12 CLE credits.

How do you compete effectively in an increasingly challenging environment? Comparative advertising can improve sales, but how do you address false claims or challenges made by your competitors? Claims support is a critical business focus for many companies in categories with aggressive competitors.

The purpose of this course is to raise awareness of the issues involved in surveys and product tests to provide the type of evidentiary support needed in the event of a claims dispute.

The course speakers have decades of experience as instruc-tors, scientific experts, jurors, and litigators in addressing claims with significant survey and product testing com-ponents. Actual NAD and litigated cases will be used to examine and reinforce the information discussed.* Approximately 12 credits for CLE: Accreditation will be sought for registrants in jurisdictions with CLE requirements.

MONDAY continued... 1:00 – 2:00 | Requirements for a Sound Methodology♦ Types of validity: Ecological, external, internal, construct♦ Types of bias: Response, code, design, difference from a group, choice of model♦ Reliability: Imprecision and variance

2:10 – 3:00 | Consumer Relevance and Takeaway♦ Drivers of liking♦ Setting action standards for consumer-perceived differences♦ Consumer takeaways

► Case 5: SC Johnson vs. Clorox -- Goldfish in Bags, 241 F.3d 232 (2nd Cir. 2001) ► Case 6: Unilever US (Dove® Beauty Bar) NAD Case #5197 (2010)

3:10 – 4:00 | Choosing the Right Method, Venue and Participants♦ Product test options: Monadic, sequential monadic, direct comparisons♦ Test design issues: Within-subject, matched♦ Choosing a venue: Internal, central location, home use♦ Defining test subjects: Expert descriptive panelists, discrimination panelists, consumers

► Case 7: The Procter & Gamble Company (Swiffer® Dust & Shine Furniture Spray) NAD Case #4960 (2009) ► Case 8: The Procter & Gamble Company (Clairol Balsam Lasting Color) NAD Case #5049 (2009)► Case 9: Church & Dwight vs. Sun Products Corp

TUESDAY (APRIL 9, 8am - 4pm)

8:00 - 9:00 | Analysis – Interpretation and Communication♦ The essence of hypothesis testing♦ Analysis of variance, t-tests, non-parametric tests, scaling difference and ratings data♦ Statistical significance and confidence bounds♦ Understanding by jurors

9:10 – 10:00 | Test Power♦ Meaning of power♦ Planning experiments and reducing cost♦ Sample sizes for claims support tests♦ Managing risk in testing: Advertiser risks, competitor risks

► Case 10: Church & Dwight, Co., Inc. (Brillo Steel Wool Soap Pads) NAD Case #3605

10:10 – 11:00 | Testing for Equivalence♦ How equivalence hypothesis differs from difference testing♦ Equivalence: “one duster picks up as much dust as another”♦ Issues in the FDA method for qualifying generic drugs and lessons for advertising claims♦ Improved methods for testing equivalence

11:10 –Noon | Equivalence – Learning from Cases♦ Dropped-call rates, sweeteners and dust pick-up

► Case 11: Coty, Inc. (Adidas 24 hr Control) NAD Case # 4464 (2006)

Noon – 1:00 LUNCH

MONDAY (APRIL 8, 8am - 4pm)

8:00 – 9:00 | Introduction♦ Introduction and scope ♦ Falsity, injury, and puffery - with examples♦ “To sue or not to sue”♦ Class action lawsuits

9:10 – 10:00 | NAD and Self-Regulation♦ NAD process and self-regulation♦ NAD and standard-setting specifications – what role they play in NAD decisions with examples

► Case 1: LG Electronics USA, Inc. (Cinema 3D Television and 3D Glasses) NAD Case #5416 (2012)

10:10 – 11:00 | ASTM Claims Guide; Methods and Data♦ Review of the ASTM Claims Guide♦ Types of claims: Superiority (ratings, counts, ratios), unsurpassed, equivalence (parity), non comparative♦ Types of methods: Threshold, discrimination, descriptive, hedonic♦ Types of data: Counts, ordinal (ranks), category scales, interval scales, ratio scales

11:10 – Noon | Sensory Intensity and Preference; | Attribute Interdependence♦ Sensory intensity and how it arises♦ Liking and preference and how they differ from intensity♦ Attribute interdependencies

► Case 2: Miller® Lite vs Bud Light® “more taste” claims and sensory intensity (2005)► Case 3: Kraft Foods, Inc. (Tombstone® Pizza) NAD Case #4915 (2008)► Case 4: Playtex Products, Inc. (Playtex Beyond Tampons) NAD Case #4364 (2005)

Noon – 1:00 LUNCH

ADVERTISING CLAIMS SUPPORT COURSE FEEApril 8 - 10, 2013 (2.5 days) ............................ $1,975*_______________________________________________ * A 25% discount will be applied to each additional registration from the same company. * The Institute for Perception offers reduced or waived course fees to non-profit entities, students, judges, government employees and others. Please contact us for more information.

Fee includes all course materials, continental breakfast, break refreshments, lunches, and group dinners.

HOW TO REGISTER

Register online at www.ifpress.com/short-courses where pay-ment can be made by credit card. If you prefer to be invoiced, please call 804-675-2980 for more information.

LOCATION & HOTEL RESERVATIONS

The program will be held at The Greenbrier® in White Sulphur Springs, West Virginia. Renowned for its standard of hospitality and retreat-like setting, this hotel is an ideal location for executive meetings and consistently receives a AAA 5-Diamond rating.

Lodging is not included in the course fee and participants must make their own hotel reservations. A block of rooms will be held at The Greenbrier, until 4 weeks before the program, at a special rate of $195 per night. To make a reservation, please call 1-877-661-0839 and mention you are attending The Institute for Perception course. (note: the special rate is not available through online reservations.) To learn more about The Greenbrier, visit their website at www.greenbrier.com.

TRANSPORTATION

Nearby airports include the Greenbrier Valley Airport (LWB, 15 min.), Roanoke, VA (ROA, 1 hr. 30min.), Beckley, WV (BKW, 1 hr.), and Charleston, WV (CRW, 2 hrs.).

CANCELLATION POLICY

Registrants who have not cancelled two working days prior to the course will be charged the entire fee. Substitutions are allowed for any reason.

www.ifpress.com 804-675-2980 804-675-2983

mail@ifpress.com 7629 Hull Street Rd. Richmond, VA 23235

TUESDAY continued...

1:00 – 2:00 | Ratio and Multiplicative Claims♦ The difference between ratio and multiplicative claims♦ Ratio claims are extremely powerful, but are often exaggerated♦ Count-based claims: “90% of women found that our product reduces wrinkles”

2:10 – 3:00 | “Up-to” Claims♦ What does an “up-to” claim mean?♦ How to support an “up-to” claim♦ “Up-to” litigated claims cases

► Case 12: Dominos Pizza Inc. (Oven Baked Sandwiches) NAD Case #5023 (2009) ► Case 13: Saint-Gobain Abrasives, Inc. (Sandpaper, Sanding Sponge Blocks & Pad) NAD Case #4113 (2003)► Case 14: The Clorox Company (S.O.S® Steel Wool Soap Pads) NAD Case #4219 (2004)

3:10 – 4:00 | What to Do with No Difference/Preference Responses♦ No preference option analysis♦ Power comparisons: Dropping, equal distribution, proportional distribution♦ Statistical models and psychological models

► Case 15: Frito-Lay (Lay’s® Stax®) NAD Case #4270 (2004)

WEDNESDAY (APRIL 10, 8am - noon)

8:00 - 9:00 | Advertising Claims Support in a Global Context♦ Self regulation♦ Comparative litigation in different countries

9:10 – 11:00 | Applying Course Principles and Concepts | to a Claims Case♦ Developing support for a “more taste” beer claim♦ Engaging all the stakeholders♦ Wording of the claim♦ “Taste” takeaway♦ Design and execution of the national product test♦ Product procurement♦ Analysis and report

11:10 – Noon | Summary, Review and Questions♦ Final thoughts, comments and course conclusion

COURSE REGISTRATION

Location photos courtesy of The Greenbrier

SCIENTIFIC TEAMDr. Daniel M. Ennis is the President of The Institute for Perception. Highly sought for his expertise in advertising claims disputes, Danny holds doctorates in food science and mathematical & statistical psychology. He has more than 35 years of experience in product testing and has published over 100 technical reports and peer-reviewed papers in scientific journals on mathematical models for sensory discrimination, preferential choice, identification, similarity, and multidimensional scaling. Danny consults both within the US and internationally and has served as an expert witness in a wide variety of Lanham act cases.

Dr. Benoît Rousseau is Senior Vice President at The Institute for Perception. Benoît received his food engi-neering degree from AgroParisTech in Paris, France and holds a PhD in sensory science and psychophysics from the University of California, Davis. He has conducted extensive experimental research on probabilistic models and has published numerous journal articles as well as several book chapters. Benoît regularly consults with and manages projects for clients in Asia, Latin America, Europe and the US. In his teaching, Benoît is well known for his effective and user-friendly approach to introducing new ideas.

Dr. John M. Ennis is Vice President of Research Operations at The Institute for Perception. John received his PhD in mathematics from the University of California at Santa Barbara where he conducted post-doctoral studies in the UCSB Department of Psychology. An active researcher, he has published in statistics, mathematics, psychol-ogy, and sensory science. John has a strong interest in the widespread adoption of best practices throughout sensory science, serves on the editorial board of the Journal of Sensory Studies, and is chair of the ASTM subcommittee E18.04 - “Fundamentals of Sensory.”

Dr. Bruce Isaacson is President of MMR Strategy Group and a leading expert on marketing, research, and strategy. Bruce holds MBA and Doctor of Business Administration degrees from Harvard Business School, and also has a BS in engineering from Northwestern University. He is on the editorial board of the Journal of Business to Business Marketing and The Trademark Reporter. Bruce frequently conducts surveys for litigation and claim sub-stantiation matters, and has testified on topics relating to surveys, marketing, and consumer behavior.

National Advertising Division (NAD)Kathleen (Kat) Dunnigan is Senior Staff Attorney with the National Advertising Division, having joined the NAD in 2008. As an officer in the United States Merchant Marines, she earned an engineering degree from S.U.N.Y. Maritime College, and her

law degree from NYU Law School. Kat has worked for the Legal Aid Society’s Juvenile Rights Division, the Center for Appellate Litigation, and Center for HIV Law and Policy. She has also litigated employment discrimination and civil rights claims and been involved in many employment cases before the New Jersey Supreme Court.

David Mallen is the National Advertising Division’s Deputy Director and is responsible for the review of claim substantiation and ad-vertising issues for a broad range of products and services. Before joining the NAD, David practiced law at Kensington & Ressler L.L.C.,

specializing in litigation and representation of a wide range of businesses, including manufacturers of food and consum-er products. David graduated from Cornell University and received his JD degree from Albany Law School of Union University.Advertising Marketing Attorney

Nancy Felsten is a partner in the New York office of Davis Wright Tremaine. She advises advertising agencies and corporate clients large and small on advertising, marketing and promotional matters. She frequently represents clients in false advertising challenges before

the NAD, TV networks, the FTC, and State Attorneys General. Nancy speaks and writes regularly regarding advertising and promotions law and serves on the Promotion Marketing Association board. She was named by Chambers as one of America’s Leading Advertising Lawyers 2008 – 2012 and selected to New York Super Lawyers 2009 – 2012. Nancy is a graduate of Columbia Law School and Northwestern’s Medill School of Journalism.

Internal CounselDon Lofty, who is recently retired from S.C. Johnson & Son, Inc., specializes in antitrust and trade regulation, with empha-sis on advertising law, including practice before the NAD. He was the head of the company’s Marketing and Regulatory Legal Practice Group and managed their Legal Compliance Program. Don received his AB from Dartmouth College and his JD from

Georgetown University Law Center.Litigators

David H. Bernstein, a litigation partner at Debevoise & Plimpton LLP, is described by Chambers USA (2010) as “the doyen of trademark and false advertising law” and Managing In-tellectual Property (2011) as the “Outstanding IP Litigator of the Year,” David regularly represents clients in advertising disputes in courts nationwide, before the NAD, NARB and television

networks, in front of state and federal regulators, and in arbitration proceed-ings. He is the co-author of the treatise The Law of Advertising, Marketing and Promotion and is an adjunct professor at New York University and George Washington University law schools. David is a graduate of Princeton University, the London School of Economics and Political Science, and Yale Law School.

Christopher Cole is the co-chair of the Advertising and Product Risk Management group of Crowell & Moring. Chris practices complex commercial litigation and advises the devel-opment, substantiation and approval of advertising and labeling claims. He has represented some of the leading consumer prod-ucts and services companies in the world, has been lauded for

his work in the defense of false advertising litigation, and has appeared many times before the NAD. He is a magna cum laude graduate of Boston University School of Law and holds biology and marine biology degrees from Yale and the University of Miami, respectively.

Lawrence I. Weinstein is a litigation partner at Proskau-er Rose LLP, where he is co-head of the firm’s renowned False Advertising & Trademark Group. Larry is both a distinguished trial lawyer and counselor. His practice covers a broad spectrum of intellectual property law, including false advertising (Lan-ham Act, consumer class actions, NAD, NARB, ERSP, FTC),

trademark, trade secret and copyright matters, as well as sports, art and other complex commercial cases. He is currently a member of Law360’s Intellectual Property Law Editorial Board.

LEGAL TEAM