The 2025 National Advertising Division (NAD) Conference, “Leading the Way in Ad Law,” spotlighted how AI, influencer marketing, and teen-focused campaigns are reshaping the advertising landscape. Speakers emphasized the perennial importance of advertising fundamentals, making truthful and non-misleading claims, backed by relevant substantiation, and appropriately qualified or disclosed when limitations apply.
The NAD highlighted its Influencer Trust Index, recent survey research which showed that fully 82.7% of U.S. marketers use influencers in creative marketing campaigns. Importantly, 58% of consumers reported making a purchase based on influencer endorsements—a reminder that influencer advertising remains a top NAD enforcement priority.
Federal Trade Commission (FTC) Director of the Bureau of Consumer Protection Christopher Mufarrige stressed that the FTC will be conducting rigorous economic analysis to support enforcement, while “staying in our lane” to avoid placing unnecessary regulatory burdens on businesses, particularly the bourgeoning AI industry.
Consistent with past guidance, the NAD also reiterated that what ultimately matters is the net impression of advertisements on the reasonable consumer—not the technicalities buried in fine print.
Applied Marketing Science, Inc. (AMS)—which provides survey evidence and expert witness testimony for matters involving false and deceptive advertising, among other litigation—sponsored and attended this year’s conference. Members of the AMS Litigation Support team noted that in today’s complex environment, defensible survey evidence is critical for advertisers to support and defend their claims.
If you have any questions about survey evidence or expert witness testimony for the NAD or litigation, please reach out to Principal and Practice Lead Jason Och.
About Applied Marketing Science, Inc.
Applied Marketing Science, Inc. (AMS) has over 30 years of experience conducting consumer litigation surveys for complex legal matters. AMS is a trusted source of survey design, data analysis, and expert testimony related to false and deceptive advertising, claim substantiation, trademark and trade dress infringement, class action matters, and more. Our survey experts are experienced in conducting and rebutting surveys for litigation and NAD proceedings and have a strong understanding of the legal standards for survey research.