Kelley Drye Ad Law Access Podcast

Gonzalo E. Mon, Beth Bolen Chun In our most recent ​“Junk Fee” Legislative Roundup, we noted that the Connecticut legislature had introduced a bill that could require companies to include mandatory fees in their prices. On June 10, 2025, Connecticut’s Governor signed that bill into law.

Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier The Attorney General Alliance (AGA) hosted its 2025 Annual Meeting last week, bringing together state attorneys general and their staff, legal practitioners, and industry participants to discuss various topics important to AGs. In the first post of this three-part series, we explore the first day of panels, which included discour...

In this first episode of Privacy Perspectives, a new Ad Law Access podcast mini-series, Alex Schneider talks with Celine Guillou about how businesses can put their best foot forward when engaging with enforcement agencies and regulators in privacy and security investigations. Celine recently joined Kelley Drye as Special Counsel after serving in the Enforcement Division of the California Privacy P...

Gonzalo E. Mon, Katie Rogers The International Bottled Water Association (or ​“IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or ​“BWIB”), suggesting that boxed water is better for the environment. Previously, we looked at what NAD had to say about whether advertisers can substantiate green claims using a mass balance accounting approach. Today, we’ll look at three...

Gonzalo E. Mon The International Bottled Water Association (or ​“IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or ​“BWIB”), suggesting that boxed water is better for the environment. NAD’s decision covers a lot of ground and is worth reading for anyone who makes green claims, but in this post, we’ll just focus on one issue NAD hasn’t addressed in detail before – ma...

Gonzalo E. Mon, Beth Bolen Chun On May 9, 2025, New York Governor Kathy Hochul signed a large budget bill with ​“major components of legislation necessary to implement the state transportation, economic development, and environmental conservation budget for the 2025-2026 state fiscal year.” Buried in Part W of the 99-page bill are various provisions that will also impact how companies can offer au...

Laura Riposo VanDruff, Andrea deLorimier On Thursday, the U.S. House Committee on Financial Services Subcommittee on Financial Institutions held a hearing entitled, ​“Framework for the Future: Reviewing Data Privacy in Today’s Financial System.” Hearing testimony explored whether there is need for a federal privacy statute and how the financial services industry, which is already regulated by the...

Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier This week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel’s Law, a New Jersey statute enacted to protect public servants from ​“doxing” — i.e., maliciously posting someone else’s personal information online to incite harassment or violence.

Gonzalo E. Mon Over the past few months, two firms have filed a series of class action lawsuits against a number of companies – including Celsius, Shein, and Revolve – over their influencer campaigns. Leveraging the same template, the firms have filled in the blanks to file at least two more lawsuits, these against Alo Yoga and Beach Bunny Swimwear.

Ioana Gorecki, Beth Bolen Chun, Paul L. Singer If you’ve been keeping tabs on the AI legal landscape lately, one thing is clear: states aren’t waiting. Over the past year, lawmakers across the country have introduced—and in some cases passed—a flurry of bills aimed at regulating the use of AI systems, particularly in the areas of consumer protection, data privacy, and transparency. From algorithmi...

Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Zach Cihlar Utilizing regulatory powers under its UDAP law, the Missouri Merchandising Practices Act (the ​“MMPA”), Missouri Attorney General Andrew Bailey announced a new rule, codified as 15 C.S.R § 60-19, that would prohibit social media companies from requiring their users to rely on the company’s in-house content moderation algorithm. Instead...

Gonzalo E. Mon A beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its Instagram account. Although the influencer doesn’t have a formal relationship with Huda and wasn’t required to post the video, she does periodically receive free prod...

Gonzalo E. Mon Church & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: ​“It’s a better mouthwash. I guarantee it.”

Aaron J. Burstein, Alexander I. Schneider On May 6, the California Privacy Protection Agency (CPPA) announced a settlement with Todd Snyder, Inc. over allegations that the men’s retail brand violated CCPA rules on submission and fulfillment of privacy rights requests. Todd Snyder agreed to pay $345,178 and to modify its CCPA compliance program to resolve the case.

Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier Last week, Washington Attorney General Nick Brown, a bipartisan coalition of attorneys general from ten other states, and the California Department of Financial Protection and Innovation wrote the Consumer Protection Financial Bureau’s Acting Director, Russell Vought, pressing the CFPB to issue ​“long-delayed restitution” to cons...

Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier Twice a year, state attorneys general consumer protection staff gather to discuss consumer protection issues. Our state attorney general team was at the public sessions, attending and presenting on issues important to AGs. We first heard from NAAG’s Todd Leatherman, Director, Center for Consumer Protection, and Brian Kane, Execut...

Gonzalo E. Mon If you lose a case before NAD and NAD recommends that you stop making certain claims, how long do you have to stop making them? Although there’s no clear answer, a recent decision provides some guidance on what NAD expects.

Donnelly L. McDowell, Aaron J. Burstein, Beth Bolen Chun Late Friday, the FTC announced that the Commission had voted 3-0 to extend the compliance deadline for the to-be-effective provisions of the Negative Option Rule, formerly known as the ​“Click to Cancel Rule.” While the Ferguson-led FTC appears to no longer embrace the Khan era branding of ​“click to cancel,” more importantly, it appears tha...

Alysa Z. Hutnik, Alexander I. Schneider, Meaghan M. Donahue On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy Act (CIPA). Three years after extensive wiretapping litigation first emerged targeting the use of website pixels o...

Gonzalo E. Mon Earlier this month, we posted about a decision in which NAD determined that influencer Brittany Mahomes had not adequately disclosed her relationship to Skims Body – a fashion brand that specializes in underwear and loungewear – in various Instagram posts. This week, NAD announced another decision related to the same campaign. This second inquiry was directed towards 1Up Sports Mark...

Gonzalo E. Mon Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint alleged that the retailer advertised that a sale would only last one week, even though the sale continued the following week.

Paul Singer, Beth Chun, Abigail Stempson, Andrea deLorimier Last week, New Jersey Attorney General Matthew J. Platkin announced a lawsuit against Discord, Inc., a popular messaging application provider, for allegedly misleading parents about the efficacy of its safety controls and obscuring risks facing children on the application.

Aaron J. Burstein, Alysa Z. Hutnik, Leah Plagge Rabkin On April 11, the Department of Justice issued an extensive set of FAQs on its Bulk Data Access Rule and advised that it ​“will not prioritize civil enforcement actions against any person for violations” of the Rule through July 8, 2025, ​“so long as the person is engaging in good faith efforts” to comply with the Rule. (DOJ refers to the ​“Dat...

Gonzalo E. Mon When Apple announced the iPhone 16 last year, it advertised that it would be ​“the first iPhone built for Apple Intelligence.” Apple touted several AI features and advertised that Apple Intelligence is ​“Available Now.” In reality, some features – including Priority Notifications, Image Generation, and the ChatGPT integration into Siri and Writing Tools – were not available at the t...

Katie Rogers, Gonzalo E. Mon In 2021, California enacted the SB 343 – ​“Truth in Recycling Law” – which generally prohibits companies from using the ​“chasing arrows” symbol or otherwise implying that a product or package is recyclable, unless the product or package is considered recyclable pursuant to specific criteria developed by the state’s Department of Resources Recycling and Recovery.