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Winter 2014 ● Issue 17 (4)
IN THIS ISSUE

Technical Report
Answering Questions in Surveys
How to discourage satisficing in favor of optimizing
to reduce primacy effects in surveys. (pages 3-4)
President's Message...................................1
WEBINAR: Mapping Techniques ..............2
52 Reports in Book’s 4th Edition ................2
Now Accepting Student Award Entries ........2
Courses in April 2015: ................. 5, 6, 7
Meet the Instructors and Invited Speakers
for the Fall Courses ....................................7
New directions in survey research... (pgs. 3 & 4 )
NEWS & EVENTS
Winter 2014
Issue 17(4)
President's Message
PAGE #
Answering Questions

News & Events ................... 1,2

December Webinar................ 2

Student Award ........................ 2

Technical Report ................ 3,4

April 2015 Courses ............ 5,6

Instructor Bios ........................ 7
TECHNICAL REPORTS:
2014
17(4) Answering Questions in Surveys
17(3) Unfolding
We will be presenting a new course in April on Survey Design that will
occur immediately following our Advertising Claims Substantiation
course (April 13-15.) We hope that you will consider these training
opportunities as you make plans for 2015. We felt that there is a need
to review and communicate some important developments in survey
design and analysis that have occurred in the last few years. The
concepts in this course have numerous applications in marketing,
product development, ad claims, and regulatory affairs.
Our technical report in this issue concerns how people answer questions
in surveys and, in particular, how to account for and overcome primacy
effects, often seen in check-all-that-apply (CATA) surveys.
Best regards,
Daniel M. Ennis
President, The Institute for Perception
17(2) Confidence Intervals and
Consumer Relevance
17(1) Rotations in Product Tests
and Surveys
2013
W H AT W E D O :
16(4) How to Find Optimal Combinations
of Brand Components
Client Services: Provide full-service product and concept testing for product
16(3) How to Diagnose the Need for
3D Unfolding
Education: Conduct internal training, external courses, and online webinars
16(2) Transitioning from Proportion of
Discriminators to Thurstonian
IFPrograms™: License proprietary software to provide access to new modeling tools
16(1) When Are Two Products
Close Enough to be Equivalent?
2012
15(4) Proper Task Instructions and
the Two-out-of-five Test
15(3) Efficient Representation of
Pairwise Sensory Information
To download previously published
technical reports and papers from our
website, become a colleague
at www.ifpress.com
development, market research and legal objectives
on product testing, sensory science, and advertising claims support
Research: Conduct and publish basic research on human perception in the areas of
methodology, measurement and modeling
COURSE CALENDAR:
APRIL 13 - 15, 2015 ..................The Greenbrier - White Sulphur Springs, WV
Advertising Claims Support: Case Histories and Principles
APRIL 16 - 17, 2015 ..................The Greenbrier - White Sulphur Springs, WV
Designing Effective Surveys: The Science of Answering Questions
S AV E - T H E - DAT E for the following courses held at The Greenbrier:
NOVEMBER 2-6, 2015 ..................... Sensory & Consumer Science Courses
W E B I NAR CAL E N DAR :
December 11, 2014  Mapping Techniques to Link Consumer and Expert Data
March 19, 2015  Hiding in Plain Sight: Finding New Opportunities
Using Graph Theory
Recordings of all previously presented webinars can be ordered at www.ifpress.com
Mission Statement:
To develop, apply, and
communicate advanced research
tools for human perceptual
measurement.
Detailed information and registration for all courses and webinars is available at www.ifpress.com
R E C E N T LY P U B L I S H E D PA P E R S :
Ennis, J. M. and Christensen, R. (2014). (In Press) A Thurstonian comparison of the
tetrad and degree of difference tests. Food Quality and Preference.
Ennis, J. M., Rousseau, B., and Ennis, D. M. (2014). Sensory difference tests as measurement instruments: A review of recent advances. Journal of Sensory Studies, 29, 89-102.
Ishii, R., O’Mahony, M., and Rousseau, B. (2014). Triangle and tetrad protocols: Small
sensory differences, resampling and consumer relevance. Food Quality and Preference,
31, 49-55.
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NEWS & EVENTS
2.5 D A Y C O U R S E
APRIL 13 - 15, 2015
1.5 D A Y C O U R S E
APRIL 16 - 17, 2015
See full course descriptions on pages 5, 6, and 7
o f t h i s n e w s l e t t e r.
WHO SHOULD ATTEND
These professional courses are recommended for
attorneys specializing in advertising law, market
research managers, product developers, in-house
counsels, sensory and consumer scientists, and
packaging/product testing specialists.
“In this age of science we must build legal foundations that are
sound in science as well as in law.”
– Stephen G. Breyer, Associate Justice of the U.S. Supreme Court
NEW EDITION AVAILABLE NOW!
RECOMMENDED by
Science Books and Films, American Association for the Advancement of Science
Webinar Series
THURSDAY
December 11 at 2:00 PM EST
TIME & DATE:
Tools and Applications of
Sensory and Consumer Science
Mapping Techniques to Link
Consumer and Expert Data
52 Technical Report Scenarios Based on Real-life Problems
Taught by: Dr. Benoît Rousseau
Now in its fourth printing, this book is a must-have
tool for professionals in product testing, consumer
research, and advertising claims support. It contains our most significant and useful technical
reports from the last 16 years. Readers will easily
relate to the problems and
solutions in each 2-page
scenario. And for deeper
study, the reader will
find a list of published papers on a variety of
related subjects.
Multivariate analyses are commonly
used to study differences among
products in a multidimensional sensory space and to relate them to their
hedonic assessments by consumers.
Such analyses help uncover drivers
of acceptability, study consumer
population segmentation and generate the sensory profiles of target
products. In this webinar, we will review commonly used methods
such as factor analysis, preference mapping (internal and external) and
unfolding techniques based on individual consumer ideal points. This
latter approach provides very valuable insights into consumer sensory
segmentation.
The webinar is approximately 75 minutes in length, including a
60-minute talk and a 15-minute Q&A session.
Drs. Daniel Ennis, Benoît Rousseau, and
John Ennis use their combined expertise to guide
readers through problems in areas such as:
Drivers of Liking®
Landscape Segmentation Analysis®
Ratings & Rankings
Claims Support
Optimizing Product Portfolios
Combinatorial Tools
Difference Tests
Designing Tests & Surveys
Probabilistic Multidimensional Scaling
Also included are 27 tables for product testing methods so the reader can
interpret results from discrimination methodologies such as the tetrad
test, triangle test, same-different method, duo-trio test, replicated testing,
and others. 176 pgs., $95 (plus shipping and VA sales tax, where applicable)
► ORDER ONLINE AT www.ifpress.com/books
PAGE 2
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Now Accepting Applications for the
2014 Institute for Perception Student Award
January 17, 2015
TECHNICAL
2014
REPORT
Answering Questions in Surveys
Issue 17(4)
Catherine Sears and Daniel M. Ennis
Background: Surveys are conducted to study three main
categories: attitudes and beliefs, events and behaviors, and
subjective experience. Product, concept, and brand testing
can be viewed as types of surveys falling into the third
category, subjective experience. This view encourages
cross-disciplinary awareness of the survey and polling
literature, as scientists in these fields grapple with many
of the same problems that occur in sensory and consumer
science. One idea that has developed in survey research,
highlighted in a review of the main accomplishments of
the field over the 20th century, is the idea of the satisficingoptimizing continuum arising from a process model of the
way that people answer questions1.
In this technical report, we consider the implications of
these ideas in a scenario involving a comparison of answers
to questions in a check-all-that-apply (CATA) format and an
applicability scoring format2.
Scenario: You are a consumer
Read the phrases and,
insights manager in a coffee
for each phrase, mark
company and are exploring the
the box if the phrase
emotional responses of condescribes how drinking
sumers to coffee drinking in
coffee makes you feel.
order to develop an emotion
lexicon. With a large list of
I feel energized
emotion terms your typical
approach would be to use a
I feel guilty
check-all-that-apply (CATA)
I feel elated
list as shown in Figure 1.
CATA lists are commonly
used in survey research and Figure 1. Three items
have been increasing in popu- from a set of one hundred
larity within sensory science in in a CATA survey.
recent years2. Yet as you review the results, you notice that
respondents are tending to check mainly the earlier presented
items and ignoring items toward the end of the survey. You
also wonder what it means when a box is unchecked. Does
the respondent mean to indicate that the item truly does not
apply? Or was the item skipped unintentionally?
□
□
□
Answering Questions: When a respondent answers a question in a consumer survey, we would like to believe that all
of the steps in Figure 2 are faithfully executed. Ideally, a
respondent would first comprehend, interpreting the question and deducing its intent by settling on the meaning of
each word and establishing relations among the concepts
evoked by the words. Next, we assume that the respondent
engages in retrieval, searching their memories for relevant
information. The respondent then integrates this retrieved
information into a judgment and finally makes carefully
Figure 2. A process model for answering a survey question.
considered response selections, mapping their judgment
onto response choices available to them, actively looking
for a best fit3,4.
Warwick et al.5 and Krosnick1 have theorized that this
model of survey response, optimizing, is what happens
when respondents are internally satisfied by successful performance, believe survey results will help employers
improve working conditions, want an intellectual challenge,
feel altruistic, or are looking for emotional catharsis. Yet
most people are unlikely to faithfully execute each of these
four steps in response to each and every question and may
expend less energy by satisficing. In fact, energy minimization may be a motivating factor in how people elect to
answer questions. In considering the behavior of different
subjects and even the same subject in a given test, we may
observe a continuum from strong satisficing to optimizing
as shown in Figure 3 corresponding to the degree to which
the steps in Figure 2 are executed properly1.
Figure 3. The satisficing − optimizing continuum.
A respondent engaged in weak satisficing executes all four
steps in Figure 2 – comprehension, retrieval, judgment and
response selection – but does so less thoroughly than a
respondent who is optimizing. Instead of generating the most
accurate answers, respondents settle for merely satisfactory
ones. Respondents who are engaged in strong satisficing
skip the retrieval and judgment steps altogether. They would
interpret each question superficially and select what seems
to be a reasonable answer without referring to any internal
psychological cues relevant to the question1. Teachers of
unmotivated students know this behavior quite well.
CATA and Satisficing: Smyth et al.6 found that CATA
lists in written format have a tendency to induce satisficing
behavior in which respondents limit their processing
effort by quickly selecting the first reasonable response in
a CATA list. The respondents’ weak satisficing behavior
causes primacy effects, a disproportionate selection of
items appearing early in the list of options. In Smyth et al.’s
research, for CATA respondents who spent the mean response
time or less, eight of ten questions were significantly more
likely to be endorsed when they appeared in the first three
positions in the list than when they appeared in the last three
positions. These patterns of primacy were only shown by
those who spent less time, suggesting that these patterns
were from a lack of cognitive processing6. Interestingly, the
satisficing-optimizing model predicts recency effects in oral
interviews and these effects have been observed in practice.
Ares et al.7 applied Smyth et al.’s work to sensory categories
and showed that when consumers complete CATA questions
for sensory characterization repeatedly, visual processing of
PAGE
3
TECHNICAL
REPORT
Issue 17(4)
2014
information is reduced and respondents may therefore leave
items blank, even when relevant. A blank option in CATA
does not necessarily mean “does not apply.” Respondents
may leave an option blank for a number of reasons including
that the option doesn’t apply, they are neutral or undecided,
or they overlooked it.
Applicability Scoring: A related technique to CATA is
applicability scoring, which requires respondents to mark
what is both applicable and also not applicable2. (This is
sometimes called “forced-choice CATA,”a phrase avoided
here to prevent confusion with forced-choice sensory testing methods such as m-AFC.) Access to both responses is
needed to conduct statistical analyses to compare products
or concepts using McNemar’s test. CATA, on the other
hand, only requires a check when the item applies to the
object being scored and is therefore not amenable to this
type of analysis. Applicability scoring2 may also lead
respondents to more deeply process items and to score more
options7. Respondents take longer to answer in the applicability scoring format than in the CATA format, perhaps
because they need to commit to an answer for every item,
and therefore are more likely to think of reasons that the
options do or do not apply6.
Applicability scoring carries with it a risk of acquiescence
bias, in which respondents who are truly neutral check the
“does apply” option. Respondents may acquiesce for a
number of reasons, including social desirability, or because
they are following the rules of ordinary conversation, in
which they feel they must contribute something in response
to a question8. However, by including a test neutral category,
Smyth et al.6 did not find strong evidence for acquiescence
bias in applicability scoring.
Read the phrases and, for each phrase, mark the box on
the left if the phrase describes how drinking coffee makes
you feel. Mark the box in the middle if the phrase does not
describe how drinking coffee makes you feel. Mark the box
on the right if you do not have an opinion.
Does
Does
Not Sure/
Apply
Not Apply
Cannot Decide
I feel energized
I feel guilty
I feel elated
□
□
□
□
□
□
□
□
□
Figure 4. Three items from a set of one hundred in an
applicability survey.
Applicability Scoring and the Emotion Survey: You conduct an applicability scoring experiment with your respondents using the same emotion terms used in the CATA
experiment. Despite Smyth et al.’s demonstration that a
neutral category does not draw out “yeses” in applicability
scoring, you include a “Not Sure/Cannot Decide” option,
as shown in Figure 4, to ensure that respondents are not
selecting “yes” because they are undecided9. The applicability scoring survey provides different results than the CATA
methodology. Respondents take significantly longer to
PAGE
4
answer, and, as shown in Figure 5 according to the scenario,
the primacy effect has decreased, theoretically the result of
reduced satisficing behavior. Figure 5 dramatizes the proportion of checked boxes in CATA or “yes” responses in
applicability scoring that one would expect to see; all questions have been randomly rotated. You now have greater
justification to conclude that a blank checkbox means that
the respondent ignored the question.
Figure 5. Primacy effects: Applicability vs. CATA scoring.
Conclusion: When the results of a poll or survey are reported,
ideal conditions for respondent motivation are often not
considered or they may even be assumed. Yet, respondents
sometimes operate less than ideally and may be displaying
satisficing behavior. While surveys, including product and
concept tests, usually ensure against bias in the realms of the
survey design, we must also consider respondent behavior.
If respondents are “quick-clicking” without thoroughly
executing the steps in Figure 2, the data is questionable at
best, regardless of how representative those respondents are
of the relevant population, or how carefully the questions
are rotated. Avoiding the use of CATA for extensive surveys
and considering applicability scoring instead is one potential
way to discourage satisficing in favor of optimizing and thus
reduce primacy effects.
References
1. Krosnick, J. A. (1999). Survey research. Annual Review of Psychology, 50(1), 537-567.
2. Ennis, D. M. and Ennis, J. M. (2013). Analysis and Thurstonian scaling of applicability scores. Journal of Sensory Studies, 28(3), 188-193.
3. Cannell, C., Miller, P., and Oksenberg, L. (1981). Research on interviewing techniques. Sociological Methodology, 12, 389-437.
4. Tourangeau, R. and Rasinski, K.A. (1988). Cognitive process underlying context effects in attitude measurement. Psychological Bulletin,
103, 299-314.
5. Warwick, D. and Lininger, C. (1975). The sample survey: Theory and
practice. New York: McGraw Hill.
6. Smyth, J., Dillman, D., Christian, L., and Stern, M. (2006). Comparing check-all and forced-choice question formats in web surveys.
Public Opinion Quarterly, 70(1), 66-77.
7. Ares, G., Etchemendy, E., Antúnuez, L., Vidal, L., Giménez, A., and
Jaeger, S. (2014). Visual attention by consumers to check-all-thatapply questions: Insights to support methodological development.
Food Quality and Preference, 32, 210-220.
8. Grice, P. (1975). Logic and conversation. In P. Cole and J. Morgan
(Eds.), Syntax and semantics 3: Speech acts (pp. 41-58). New York:
Academic Press.
9. Jaeger, S., Cadena, R., Torres-Moreno, M., Antúnez, L., Vidal, L.,
Giménez, A., Hunter, D., Beresford, M., Kam, K., Yin, D., Paisley A.,
Chheang, S., and Ares, G. (2014). Comparison of check-all-that-apply
and forced-choice Yes/No question formats for sensory characterisation. Food Quality and Preference, 35, 32-40.
3:10 – 4:00 | Consumer Relevance
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 instructors,
scientific experts, jurors, and litigators in addressing claims with
significant survey and product testing components. National
Advertising Division® (NAD® ) and litigated cases will be used
to examine and reinforce the information discussed.
Instructors: Dr. Daniel M. Ennis, Dr. Benoît Rousseau, Dr. John M. Ennis,
Anita Banicevic, Christopher A. Cole, Hal Hodes, Don Lofty, David G.
Mallen, Michael Schaper, Annie M. Ugurlayan, and Lawrence I. Weinstein
* Approximately 12 credits for CLE: Accreditation will be sought for
registrants in jurisdictions with CLE requirements.
MONDAY
(APRIL 13, 8am - 4pm)
8:00 – 9:00 | Introduction
♦ Introduction and scope
♦ Survey research and history of surveys in litigation
♦ Admissibility of expert testimony
9:10 – 10:00 | Claims
♦ A typical false advertising lawsuit
♦ Puffery, falsity, and injury with examples: P&G vs. Kimberly-Clark (2008),
♦
♦
♦
♦
♦
► Litigated Case: SC Johnson vs. Clorox – Goldfish in Bags, 241 F.3d 232 (2nd Cir. 2001)
5) NAD Case #5197 (2010) Unilever US (Dove® Beauty Bar)
6) NAD Case #5443 and NARB #178 (2012) Colgate-Palmolive Co. (Colgate Sensitive
Pro-Relief Toothpaste)
TUESDAY
♦ How respondents answer questions: Models of survey response,
optimizing and satisficing, order effects
♦ Filters to avoid acquiescence and no opinion responses
♦ Survey questions: Biased, open-ended vs. closed-ended
♦ Steps to improve survey questions
7) NAD Case #4305 (2005) The Gillette Co. (Venus Divine® Shaving System for Women)
8) NAD Case #4981 (2009) Campbell Soup Co. (Campbell’s Select Harvest Soups)
9:10 – 10:00 | The Right Method, Design, Location, and Participants
♦ Test options: Monadic, sequential, direct comparisons
♦ Test design issues: Within-subject, matched samples, position and
sequential effects, replication
♦ Choosing a testing location and defining test subjects
9) NAD Case #5049 (2009) The Procter & Gamble Co. (Clairol Balsam Lasting Color)
10) NAD Case #5425 (2012) Church & Dwight Co., Inc. (Arm & Hammer® Sensitive Skin
Plus Scent)
11) NAD Case #4614 (2007) Ross Products Division of Abbott Labs. (Similac Isomil
Advance Infant Formula)
12) NARB Panel #101 (NAD Case #3506) (1999) American Express vs. Visa
♦ “To sue or not to sue”
10:10 – 11:00 | A Motivating Case; NAD - Inside and Out
1) NAD Case #5416 (2012) LG Electronics USA, Inc. (Cinema 3D TV & 3D Glasses)
♦ Advertising self-regulation and the NAD process
♦ The NAD: View from the outside
11:10 – Noon | ASTM Claims Guide; Methods and Data
♦ Review of the ASTM Claims Guide: Choosing a target population, product selection, sampling and handling, selection of
markets
♦ Claims: Superiority, unsurpassed, equivalence, non-comparative
♦ Methods: Threshold, discrimination, descriptive, hedonic
♦ Data: Counts, ranking, rating scales
10:10 – 11:00 | Analysis - Interpretation and Communication
♦ The essence of hypothesis testing
♦ Common statistical analyses: Binomial, t-test, analysis of variance,
chi-square test, non-parametric tests, scaling difference and ratings
♦ Determining statistical significance and confidence bounds
♦ The value of statistical inference in claims support
13) NAD Case #4906 (2008) Bayer vs. Summit VetPharm, (Vectra 3D and Vectra)
14) NAD Case #5090 and NARB Panel #157 (2009) Bayer vs. Summit VetPharm,
(Vectra 3D and Vectra)
► Litigated Cases: SmithKline Beecham Consumer Healthcare, L.P. vs. Johnson &
Johnson-Merck Consumer Pharms. Co. (S.D.N.Y. 2001); ALPO Petfoods, Inc. vs.
Ralston Purina Co. (D.D.C. 1989), aff’d (D.C. Cir. 1990); Avon Products vs.
S.C. Johnson & Son, Inc. (S.D.N.Y. 1994); McNeil-PPC, Inc. vs. Bristol-Myers Squibb
Co. (2d Cir. 1991); McNeil-PPC, Inc. vs. Bristol-Myers Squibb Co. (2d Cir. 1991);
FTC vs. QT, Inc. (N.D. Ill. 2006)
Noon – 1:00 LUNCH
1:00 – 2:00
| Sensory Intensity and Preference;
| Attribute Interdependence
♦ Sensory intensity and how it arises
♦ Liking and preference and how they differ from intensity
♦ Attribute interdependencies
2) NAD Case #4306 (2005) The Clorox Co. (Clorox® Toilet Wand™ System)
3) NAD Case #4385 (2005) Bausch & Lomb, Inc. (ReNu with MoistureLoc)
4) NAD Case #4364 (2005) Playtex Products, Inc. (Playtex Beyond Tampons)
2:10 – 3:00 | Requirements for a Sound Methodology
♦
♦
♦
♦
Validity: Ecological, external, internal, face, construct
Bias: Code, position
Reliability
Task instructions – importance and impact
(APRIL 14, 8am - 4pm)
8:00 - 9:00 | Consumer Takeaway Surveys
Shick vs. Gillette (2005), P&G vs. Ultreo, SDNY (2008)
♦ Motivating Case: 3D TV
Drivers of liking
Setting action standards for consumer-perceived differences
Linking expert and consumer data
Clinical vs. statistical significance
Consumer relevance in litigation
11:10 – Noon | Test Power
♦
♦
♦
♦
The meaning of power
Planning experiments and reducing cost
Sample sizes for claims support tests
Managing Risks: Advertiser claim, competitor challenge
15) NAD Case #3605 (1999) Church & Dwight Co., Inc. (Brillo Steel Wool Soap Pads)
16) NAD Case #4248 (2004) McNeil, PPC, Inc. (Tylenol Arthritis Pain)
Noon – 1:00 LUNCH
1:00 – 2:00 | Testing for Equivalence
♦ How the equivalence hypothesis differs from difference testing
♦ The FDA method for qualifying generic drugs – lessons for ad claims
♦ Improved methods for testing equivalence
17) NAD Case #5490 (2012) Colgate-Palmolive Co. (Colgate Optic White Toothpaste)
Register for courses online at www.ifpress.com/short-courses
PAGE
5
2:10 – 3:00 | Ratio, Multiplicative, and Count-Based Claims
10:10 – 11:00 | Surveys in Litigation and Before the NAD
♦ The difference between ratio and multiplicative claims
♦ Why ratio claims are often exaggerated
♦ Count-based claims (e.g.,“9 out of 10 women found our product reduces wrinkles”)
♦
♦
♦
♦
♦
♦
♦
18) NAD Case #5416 (2012) LG Electronics USA, Inc. (Cinema 3D TV & 3D Glasses)
19) NAD Case #4219 (2004) The Clorox Company (S.O.S.® Steel Wool Soap Pads)
20) NAD Case #5107 (2009) Ciba Vision Corp. (Dailies Aqua Comfort Plus)
21) NAD Case #5617 (2013) Reckitt Benckiser (Air Wick® Freshmatic ® Ultra Automatic Spray)
3:10 – 4:00 | “Up To” Claims
♦ Definition and support of an “up to” claim
♦ FTC opinion with litigated case example
♦ Statistical models and psychological models
22) NAD Case #5263 (2010) Reebok International, LTD (EasyTone Women’s Footwear)
WEDNESDAY
(APRIL 15, 8am - Noon)
8:00 - 9:00 | What to Do with No Difference/ No Preference Responses
♦ No preference option analysis
♦ Power comparisons: Dropping, equal and proportional distribution
♦ Statistical models and psychological models
23) NAD Case #4270 (2004) Frito-Lay, Inc. (Lay’s Stax® Original Potato Crisps)
24) NAD Case #5453 (2012) Ocean Spray Cranberries, Inc. (Ocean Spray Cranberry Juice)
9:10 – 10:00 | Venues Within and Outside the USA
♦
♦
♦
♦
♦
False advertising litigation in Canada – differences from USA
Canadian advertising substantiation requirements
Advertising dispute resolution outside the USA and Canada
When a case spans multiple venues
Class action lawsuits
► Litigated Case: Rogers Communications/Chatr vs. Commissioner of Competition (2013)
25) NAD Case #5249 and NARB Panel #172 (2010) Merial LTD (Frontline® Plus)
10:10 – Noon | Applying Course Principles and Concepts
♦ Group exercise: Develop support strategy for an advertising claim
to include: engagement of all stakeholders, wording of the claim,
takeaway, design and execution of a national product test, product
procurement, analysis, and report
♦ Course summary and conclusion
History of surveys in Lanham Act cases
Hearsay objections
Federal Rules of Evidence – Rule 703
Daubert effects
Admissibility of expert testimony (reliability and relevance)
Survey critiques
NAD and litigated case examples
11:10 – Noon | How People Answer Questions
♦
♦
♦
♦
Rules of ordinary conversation
Context, sequence, and order of question effects
Telescoping and memory
Open-ended vs. closed-ended questions
Noon – 1:00 LUNCH
1:00 – 2:00 | Optimizing and Satisficing
♦
♦
♦
♦
♦
A model for answering a question
Predicting primacy and recency effects
Causes of acquiescence
Motivations to optimize
“Don’t know” and “no preference” questions
2:10 – 3:00 | Survey Design
♦ Developing the concepts to be measured
♦ Operationalizing the concepts into survey items
♦ Cognitive interviewing and pretesting
♦ Data acquisition: Internet, phone, mail, mall intercepts
♦ When is a control needed?
♦ Selecting a proper control
● NAD Case #4305 (2005) The Gillette Co.
(Venus Divine® Shaving System for Women)
3:10 – 4:00 | Sampling
♦ Defining a proper universe
♦ Types of sampling: Probability and non-probability,
convenience, random, stratified, quota, cluster
FRIDAY
(APRIL 17, 8am - Noon)
8:00 - 9:00 | Identifying and Removing Sources of Bias
This course offers an in-depth look at how people answer questions
in surveys. We will take you through the process of operationalizing
survey concepts, how to improve survey item comprehension, validity, and reliability. A process model for answering a question will be
shown to distinguish optimizing behavior from satisficing behavior.
Instructors: Dr. Daniel M. Ennis, Dr. Benoît Rousseau, Dr. John M. Ennis,
David H. Bernstein, Kathleen (Kat) Dunnigan, and Nancy J. Felsten
♦
♦
♦
♦
♦
♦
Sampling
Participation and non-response
Uncontrolled individual differences
Code and order
Leading questions
Interviewer effects
9:10 – 10:00 | Analysis of Data and Statistical Issues
♦ Introduction and purpose of the course
♦ Exercise: Design a short questionnaire to survey consumer takeaway
♦
♦
♦
♦
♦
♦
♦
9:10 – 10:00 | Surveys: Definition and Purpose
10:10 – Noon | Workshop: Designing a Survey
♦ What is a survey?
♦ Purpose of conducting surveys
♦ Events and behaviors, attitudes and beliefs, subjective experiences
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♦ Small group exercise to design a survey
♦ Survey design critique and group discussion
♦ Course summary and conclusion
* Approximately 8 credits for CLE: Accreditation will be sought for
registrants in jurisdictions with CLE requirements.
THURSDAY
(APRIL 16, 8am - 4pm)
8:00 – 9:00 | Introduction to Survey Design
Types of data
Psychometric properties of the survey items
Types of validity
Precision
Weighting
Predictive models: Linear, logistic
Confidence intervals
R E G I S T R AT I O N & I N S T R U C TO R
BIOS
ADVERTISING CLAIMS SUPPORT COURSE
HOW TO REGISTER
DESIGNING EFFECTIVE SURVEYS COURSE
Register online at www.ifpress.com/short-courses where payment
can be made by credit card. If you prefer to be invoiced, please call
804-675-2980 for more information.
April 13 - 15, 2015 (2.5 days)..............................$1,975*
April 16 - 17, 2015 (1.5 days)..............................$1,250*
Register for both courses and save $100 ....................... $3,125*
___________________________________________________
*A 20% discount will be applied to each additional registration when
registered at the same time, from the same company, for the same course.
*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 breakfasts,
break refreshments, lunches, and group dinners.
Scientific Team
Dr. Daniel M. Ennis - President, The Institute for Perception. He
holds doctorates in food science and mathematical and statistical
psychology with 35 years of experience in product testing theory and
applications for consumer products. Danny consults globally and has
served as an expert witness in a wide variety of advertising cases.
Dr. Benoît Rousseau - Sr. Vice President, The Institute for Perception.
Benoît received his food engineering degree from AgroParisTech in
Paris, France and holds a PhD in sensory science and psychophysics
from the University of California, Davis. He manages sensory and
consumer science projects with clients in the US and abroad.
Dr. John M. Ennis - Vice President of Research Operations,The
Institute for Perception. John is the winner of the 2013 Food Quality
and Preference Award for “Contributions by a Young Researcher.”
He has a strong interest in the widespread adoption of best practices
throughout sensory science.
Legal Team
LOCATION: These two courses will be held at The Greenbrier ® in
White Sulphur Springs, WV. Renowned for its standard of hospitality
and service, this hotel is an ideal location for executive meetings and
consistently receives a AAA 5-Diamond rating.
LODGING: Lodging is not included in the course fee and partici-
pants must make their own hotel reservations. A block of rooms is
being held at The Greenbrier at a special rate of $195 (plus resort
fees & taxes). To make a reservation, please call 1-877-661-0839 and
mention you are attending the Institute for Perception courses (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. 15 min.),
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.
Anita Banicevic - Partner, Davies Ward Phillips & Vineberg in
Toronto, Canada. Anita has represented clients in contested misleading advertising proceedings and investigations initiated by Canada’s
Competition Bureau, and advises domestic and international clients
on Canadian competition and advertising and marketing law.
Don Lofty - Retired Corporate Counsel, at SC Johnson. Don has many
years of experience in anti-trust and trade regulation, with emphasis on
advertising law, including practice before the NAD. He was the head
of the Marketing and Regulatory Legal Practice Group and managed
the Legal Compliance Program at SC Johnson.
David H. Bernstein - Partner, Debevoise & Plimpton in New York
City. 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 proceedings.
He is also an adjunct professor at NYU and GWU law schools.
David G. Mallen - Partner, Loeb & Loeb in New York City. David specializes in advertising law, claim substantiation, and legal issues in
media and technology. He was previously the Deputy Director of
the NAD where he analyzed legal, communication, and claim substantiation issues, and resolved hundreds of advertising disputes.
Christopher A. Cole - Partner, Crowell & Moring in Washington,
DC. Chris practices complex commercial litigation and advises the
development, substantiation, and approval of advertising and labeling
claims. He has represented several leading consumer products and
services companies and has appeared many times before the NAD.
Michael Schaper - Partner, Debevoise & Plimpton in New York City.
Mike focuses on various types of complex civil litigation in the areas
of antitrust and intellectual property law, as well as merger review
and other antitrust counseling.
Kathleen (Kat) Dunnigan - Senior Staff Attorney, the NAD. 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, civil rights claims,
and many employment cases before the New Jersey Supreme Court.
Annie M. Ugurlayan - Senior Attorney, the NAD. Annie has handled
over 150 cases, with a particular focus on cosmetics and food cases.
She is a published author, Chair of the Consumer Affairs Committee
of the New York City Bar Association, and a member of the Board
of Directors of the New York Women’s Bar Association Foundation.
Nancy J. Felsten - Advertising Attorney, Davis Wright Tremaine in
New York City. Nancy advises advertising agencies and corporate
clients on advertising, marketing and promotional matters. She frequently represents clients in false advertising challenges before the
NAD, television networks, the FTC, and State Attorneys General.
Lawrence I. Weinstein - Partner, Proskauer Rose in New York City.
Larry is co-head of the firm’s renowned False Advertising and Trademark Group. His practice covers a broad spectrum of intellectual
property law, false advertising, trademark, trade secret, and copyright
matters, as well as sports, art and other complex commercial cases.
Hal Hodes - Staff Attorney, the NAD. Prior to joining the NAD, Hal
worked in private practice where he represented hospitals and other
health care practitioners in malpractice litigation. Hal has also served
as an attorney at the New York City Human Resources Administration
representing social services programs.
To read more extensive biographies, please visit www.ifpress.com/short-courses/
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