Kelley Drye Ad Law Access Podcast

California regulators are sending a clear message to subscription-based businesses. HelloFresh has agreed to pay $7.5 million and revamp its practices after the California Automatic Renewal Task Force alleged that the company enrolled consumers in auto-renewing plans without proper disclosures or consent, and used tactics like countdown timers, misleading free offers, and unclear cancellation term...

State attorneys general are turning up the heat on Big Tech. Last week, 27 AGs filed an amicus brief urging the Eleventh Circuit to uphold Florida’s law restricting social media access for children, framing the measure as content-neutral and necessary to protect youth mental health. Days later, 44 AGs sent a joint NAAG letter to leading AI companies warning them to safeguard children from exploita...

Caraway Home’s ads promoting its nonstick cookware as free from “forever chemicals” faced scrutiny when the Cookware Sustainability Alliance challenged claims suggesting competitor cookware is unsafe and exposes consumers to harmful PFAS. NAD found Caraway’s evidence insufficient, noting that while PTFE—the PFAS compound used in many traditional nonstick products—can release fumes under extreme co...

Two state attorneys general made surprise announcements last week, signaling major changes ahead in consumer protection enforcement. Missouri AG Andrew Bailey will step down September 8 to join the FBI as Co-Deputy Director, with former U.S. Attorney Catherine Hanaway already appointed as his successor through 2028. In Alaska, AG Treg Taylor announced his resignation effective August 29, amid repo...

The 2025 NAAG Presidential Initiative Summit brought attorneys general, law enforcement, healthcare leaders, and private sector stakeholders together to tackle the urgent challenges posed by fentanyl, methamphetamines, and other emerging drug threats. Discussions ranged from innovative legislative responses like “Jake’s Law,” to the role of social media and online pharmacies in drug trafficking, t...

A new lawsuit from the New York Attorney General is targeting Zelle, raising important questions about how payment platforms handle fraud claims and consumer protection obligations. With regulators sharpening their focus on peer-to-peer payment services, companies operating in the fintech, banking, and marketing spaces face heightened compliance risks and evolving enforcement priorities. Legal, co...

Could a clinical relationship on LinkedIn trigger consumer protection concerns? In its latest decision, the National Advertising Division weighed in on two LinkedIn posts by Agendia featuring Dr. Nathalie Johnson—who praised Agendia’s genomic test over a competitor’s—without disclosing her material connections to the company via co-authored research and her role as principal investigator in a stud...

Can a “smidgen” of difference sink an advertising claim? A recent class action against Prime energy drink raised that very question after lab tests showed caffeine levels slightly higher than advertised. The court concluded that the overage was not material, reasoning that consumers seeking an energy boost were unlikely to be misled by a few extra milligrams of caffeine. For legal, compliance, and...

A recent court decision dismissing a high-profile influencer lawsuit highlights the critical role that procedural rules can play in advertising and endorsement disputes. While the case didn’t move forward on the merits, it still offers important lessons on how courts may handle claims involving influencer marketing practices. For legal, compliance, and marketing teams, the takeaway is clear: even...

What happens in Nevada won’t stay in Nevada when it comes to consumer protection enforcement. A recent Kelley Drye webinar shed light on how state attorneys general approach unfair and deceptive practices, offering a preview of tactics and remedies that could surface in other jurisdictions. For legal, compliance, and marketing teams, these insights are critical for anticipating enforcement risks,...

Regulators in Massachusetts have offered new guidance on the state’s upcoming rules targeting junk fees and negative option programs, bringing important clarity for businesses preparing to comply. These updates address lingering questions around disclosures, consent, and cancellation requirements, and they will have a direct impact on how companies structure consumer offers. For legal, compliance,...

A new amendment in Virginia expands protections around reproductive health data, but its broad scope may trigger compliance challenges that businesses didn't anticipate. This episode unpacks what the amendment covers, how it intersects with existing privacy frameworks, and why legal, compliance, and marketing teams need to asses their data practices now to avoid costly missteps. Hosted by Simone R...

Aaron J. Burstein, Meaghan M. Donahue On July 1, 2025, California Attorney General Rob Bonta announced a $1.55 million proposed settlement order with Healthline Media – the largest California Consumer Privacy Act (CCPA) settlement to date. The proposed settlement resolves allegations that Healthline violated the CCPA by 1) failing to honor consumer requests to opt-out of the sale and sharing of pe...

Donnelly L. McDowell, Katie Rogers, Andrea deLorimier Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has launched a number of initiatives that target certain types of food products and ingredients. The changes invited by the so-ca...

Alysa Z. Hutnik, Gregory C. Pruden, Jennifer Rodden Wainwright A bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state’s telemarketing laws.

Gonzalo E. Mon As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning letters, instead.

Gonzalo E. Mon P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a commission on purchases of Dr. Squatch products that are made through their affiliate links. The challenged posts included a disclosure that stated: ​“creator earns...

Gonzalo E. Mon This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing industry to a $24 billion domestic valuation. Despite this growth, a survey commissioned by NAD suggests that the industry faces serious challenges.

FTC Takes a ShOt at Telehealth Program for Allegedly Deceptive Pricing, Reviews, and Weight Claims by Kelley Drye Advertising Law

FTC Negative Option Rule Vacated by Eighth Circuit Just days before the FTC’s new Negative Option Rule was set to take effect, the Eighth Circuit vacated it entirely. What does that mean for federal enforcement, and how should businesses approach autorenewal compliance now? In this Ad Law Access podcast episode, host Simone Roach walks through the key takeaways from the ruling and the broader land...

Four states. Four amended privacy laws. One message: compliance is not one-size-fits-all. In this episode of the Ad Law Access podcast, Sinone Roach brings us Alysa Hutnik, Alexander Schneider, and Meaghan M. Donahue's unpacking of the growing complexity of state privacy frameworks, including: • Connecticut’s redefinition of profiling and sensitive data • Montana’s tightened thresholds and GLBA ca...

Aaron J. Burstein, Andrea deLorimier On July 8, Connecticut Attorney General William Tong announced a settlement with TicketNetwork, Inc. for alleged violations of the Connecticut Data Privacy Act (CTDPA). The settlement is the first publicly announced enforcement action under the state’s comprehensive privacy statute, which went into effect on July 1, 2023.

The final day of the Attorney General Alliance Annual Meeting covered some of the most urgent and complex issues facing law enforcement and AGs today: • Proactive public-private collaboration • Technology-facilitated harms (and how AGs are responding) • Earned wage access and the evolving regulatory landscape Your host Simone Roach brings us the break down from Paul Singer, Abigail Stempson, Beth...

Gonzalo E. Mon Coterie Baby advertises that its diapers provide ​“up to 4x more absorbency” and ​“up to 3x drier skin” compared to ​“leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this claim (among others) before NAD. One of the key questions in the case is what evidence is necessary to support an ​“up to” superiority claim involving multiple com...

Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier