Kelley Drye Ad Law Access Podcast

In this episode of our Summer Edition series, we examine several of the biggest developments shaping advertising, privacy, and consumer protection law. We discuss state attorneys general's push for greater transparency around food delivery fees and personalized pricing, a federal court's analysis of growth claims in advertising, the FTC's latest action against deceptive subscription practices, and...

This week marks the launch of our Summer Edition of the Ad Law Access Podcast. Throughout the summer, we'll bring you roundups of the latest posts from Ad Law Access, along with updates on webinars and other Kelley Drye resources to help you stay current on the rapidly evolving world of advertising, privacy, consumer protection, and regulatory enforcement. In this episode, we discuss Kelley Drye's...

How should brands disclose AI-generated people in advertising—and what happens when the rules aren’t clear? In this episode, we unpack New York’s new “synthetic performer” law, which requires advertisers to conspicuously disclose when ads feature AI-generated or algorithmically created human-like performers. We explore the many unanswered questions surrounding the law, including whether it applies...

When is a “100%” claim not as clear as it seems? In this episode, we unpack a recent NAD decision examining how consumers interpret absolute claims and why advertisers should be cautious when using “100%” messaging in marketing. The case highlights NAD’s continued focus on consumer takeaway, substantiation, and context, emphasizing that even simple, seemingly straightforward claims can convey broa...

What can a $35 million settlement teach companies about subscription billing, auto-renewals, and cancellation practices? In this episode, we unpack the FTC’s case against Shutterstock, which resulted in one of the agency’s largest recent settlements over alleged negative option marketing violations. The complaint alleges that Shutterstock failed to clearly disclose automatic renewals and cancellat...

What does the FDA’s latest update on cosmetics regulation mean for beauty brands, manufacturers, and marketers? In this episode, we unpack how the FDA is expanding its oversight of the cosmetics industry through implementation of the Modernization of Cosmetics Regulation Act (MoCRA), the most significant overhaul of federal cosmetics regulation in more than 80 years. From mandatory facility regist...

In this episode, we unpack Washington Attorney General Nick Brown’s lawsuit against Albertsons, Safeway, and Haggen over allegedly deceptive “buy one, get one free” promotions, where the state claims the grocers quietly inflated prices before running BOGO sales and then dropped them afterward, generating nearly $20 million in alleged overcharges across more than 3 million transactions. The case hi...

Are grocery store “BOGO” deals really bargains—or just clever price manipulation? In this episode, we unpack Washington Attorney General Nick Brown’s lawsuit against Albertsons, Safeway, and Haggen over allegedly deceptive “buy one, get one free” promotions, where the state claims the grocers quietly inflated prices before running BOGO sales and then dropped them afterward, generating nearly $20 m...

What happens when states stop waiting for Congress and begin building their own AI rulebooks? In this episode, we unpack major AI regulatory developments emerging from Colorado, Connecticut, and California, where lawmakers and regulators are advancing dramatically different approaches to AI governance—from Colorado’s pause on enforcing its landmark AI Act while lawmakers debate a broader overhaul,...

What happens when AI marketing moves faster than the technology itself? In this episode, we unpack Apple’s proposed $250 million settlement over claims that it overstated the availability of “Apple Intelligence” features tied to the iPhone 16 launch, including ads suggesting advanced Siri capabilities were “Available Now” even though some features would not arrive until later software updates. The...

What happens when a jury decides that “fair and skill-based” gaming claims may have been anything but? In this episode, we unpack the blockbuster $420 million false advertising verdict against mobile gaming company Papaya, where competitor Skillz convinced a New York jury that Papaya’s marketing misled users by implying they were competing against real human players of similar skill levels while a...

In this episode of Privacy Perspectives, Alex Schneider is joined by Laura Riposo VanDruff, Salim Rashid, and Joseph Cahill for a focused discussion on what has become one of the most active state legislative seasons for AI regulation. The group maps the landscape across five emerging categories of AI bills — companion chatbot disclosures, deepfake and watermarking requirements, frontier model tra...

What does the FTC’s top leadership really think about AI, surveillance pricing, and the future of privacy enforcement—and how much of that will translate into action? In this episode, we unpack key takeaways from the Senate Commerce Committee’s April 2026 oversight hearing featuring FTC Chairman Andrew Ferguson, where lawmakers pressed on rising concerns around personalized pricing, data-driven ma...

What are state attorneys general really focused on when it comes to pricing—and how far are they willing to go? In this episode, we break down key takeaways from the NAAG Annual Conference 2026, zeroing in on a standout panel exploring the rapidly evolving world of data-driven pricing—from dynamic and surge pricing to the more controversial concepts of surveillance and algorithmic pricing. As AGs...

What happens when the FTC launches a nationwide crackdown on products claiming to be “Made in the USA”? In this episode, we unpack the agency’s latest enforcement sweep targeting companies accused of making deceptive origin claims, why the FTC continues to treat unqualified “Made in USA” representations as a top consumer protection priority, and what marketers, manufacturers, and retailers need to...

In this episode, we unpack the launch of the Institute for Responsible Influence’s new certification program, a self-regulatory initiative designed to train creators on FTC endorsement rules, advertising standards, and responsible brand partnerships while giving certified influencers a seal of approval and access to a searchable database for brands. As trust concerns continue to shadow the fast-gr...

What if the price you see online isn’t just based on supply and demand—but on what an algorithm thinks you are willing to pay? In this episode, we unpack the fast-rising controversy over “surveillance pricing,” the practice of using consumer data, algorithms, and AI to tailor prices to individual shoppers based on factors like browsing history, location, or inferred willingness to pay. We explore...

In this episode, we unpack the FDA’s latest enforcement wave targeting GLP-1 “dupes,” where companies have been marketing unapproved injectable products as “research use only” or “not for human consumption,” while simultaneously providing dosing instructions, testimonials, and other signals of intended human use. The FDA’s message is increasingly clear: it will look beyond disclaimers and focus on...

What if canceling a subscription had to be just as easy as signing up for one? In this episode, we break down New York City’s proposed “click-to-cancel” rule, a sweeping effort by the Department of Consumer and Worker Protection to crack down on subscription “tricks and traps” by requiring clear disclosures, simple and symmetrical cancellation mechanisms, and the ability to cancel through the same...

What happens when a spike in gas prices crosses the legal line from market fluctuation to potential price gouging? In this episode, we unpack Connecticut Attorney General William Tong’s declaration of an “abnormal market disruption,” a move that triggers the state’s price gouging protections and makes it unlawful for anyone in the fuel supply chain to charge “unconscionably excessive” prices durin...

In this episode, we unpack how the MAHA movement is accelerating change across the food industry, from FDA’s new enforcement stance on “no artificial colors” claims and its push toward natural color additives, to retailer action like Target’s decision to stop selling cereals containing synthetic dyes—putting fresh pressure on manufacturers to rethink formulation, labeling, and marketing strategies...

What does the privacy industry’s biggest conference reveal about where compliance is headed next? In this episode, we break down key takeaways from the IAPP Global Privacy Summit 2026, from the FTC’s signals that remedies will be judged by whether they actually solve the harm at issue, to the rapid shift in state AI legislation toward narrower, risk-based rules focused on transparency, accountabil...

In this episode, we unpack a recent NAD decision involving Dorel Juvenile Group’s AI-powered CryAssist technology and the growing scrutiny around how companies market AI-enabled features, highlighting NAD’s practical framework for substantiating AI claims—from training data and model validation to proving the technology performs as advertised in the actual product sold. With CARU also weighing in...

In this episode, we unpack the Trump Administration’s March 13 executive order directing the FTC to prioritize Made in USA enforcement, why that matters even after a relatively quiet year for major FTC actions, and what it signals for advertisers, manufacturers, online marketplaces, and government contractors facing renewed scrutiny over origin claims, substantiation, and potential penalties. With...

What do 100-plus lawsuits and a last-minute legislative fix say about the future of email marketing in Washington? In this episode, we break down Washington’s amendment to its Commercial Electronic Mail Act, a fast-moving response to a surge of litigation after the state supreme court’s Old Navy decision, and explore how the new law lowers statutory damages from $500 to $100 per message while addi...