Ad Law Access Podcast

In a landmark settlement announced this week, Tyson Foods agreed to stop marketing its beef products as “climate-smart” or promising “net-zero by 2050” unless those claims are first verified by an independent expert. The agreement — resolving a consumer-protection lawsuit brought by Environmental Working Group (EWG) — prohibits Tyson from making or repeating such environmental claims for the next five years unless they rest on substantiated science. For companies, the takeaway is clear: sustainability and climate-related marketing must now meet a high bar. Legal, compliance, and marketing teams should scrutinize such claims for evidentiary support and be ready for third-party verification — even in the absence of regulator-driven enforcement. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Katie Rogers.

Texas has clarified that, under the state's amended “mini-TCPA,” businesses that send marketing texts with prior consumer consent will generally not be required to register as telephone solicitors or post a bond — a potentially major relief for marketers using SMS campaigns. The episode breaks down how S.B. 140 expanded Texas's telemarketing law to cover texts and what the recent court settlement means for consent-based SMS marketing, while highlighting the compliance steps still needed for issues like quiet hours, no-call lists, and recordkeeping. Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.

New York's new algorithmic pricing law is now in effect, requiring businesses that use consumer data and algorithms to set individualized prices to clearly disclose: “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.” In this episode, we unpack what triggered the law, how far its reach extends, and what it means for companies using dynamic pricing, personalization, or AI-driven optimization tools — including new compliance obligations and enforcement risk for legal, marketing, and compliance teams. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Salim Rashid.

In this episode, we walk through how South Carolina Attorney General's Office — led by Alan Wilson — frames its consumer-protection approach as a “referee on a football field,” focusing on neutrality, predictability, and transparency rather than punitive ends. We explain how the office evaluates cases under a “Meritorious and Compelling State Interest Test,” gives respondents a full opportunity to be heard, and emphasizes good-faith engagement over aggressive enforcement. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier, Benjamin Lieman.

A coalition of state attorneys general has launched a dedicated AI Task Force aimed at coordinating investigations, enforcement, and regulatory strategy across jurisdictions in an era of rapidly evolving generative AI risks. For legal, compliance, and product teams, this development underscores the urgent need to prepare for multi-state scrutiny of AI use in marketing, privacy, and consumer protection—especially as AGs work together and adopt shared frameworks. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.

The FCC is proposing major overhauls to TCPA rules under its “call branding” initiative—including eliminating its long-standing call abandonment rule, loosening prerecorded caller ID disclosures, and reevaluating consumer consent revocation mechanisms. At the same time, the Commission is pushing new caller ID authentication obligations to increase trust in who is calling. These changes could dramatically reshape compliance for businesses running outbound call and text campaigns. Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.

State attorneys general from Florida, Texas, Iowa, Nebraska, and Montana are investigating recycling groups like the U.S. Plastics Pact and GreenBlue Institute, alleging their sustainability goals may amount to antitrust and consumer protection violations. The AGs warn that these environmental organizations could be coordinating to restrict plastic output and mislead consumers on recyclability, potentially functioning as a “group boycott” in violation of state and federal law. This matters for ESG teams, trade associations, and legal/compliance groups: sustainability collaborations can trigger antitrust scrutiny—even among nonprofits—and joint environmental goals may need to be evaluated for competitive risk. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

States are rapidly expanding kids' privacy and safety rules beyond COPPA, introducing age-appropriate design codes, new social media requirements, and California's groundbreaking Digital Age Assurance Act. With regulators, AGs, and global authorities increasing scrutiny, companies now face a fast-evolving patchwork that affects data practices, product design, and risk management. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Alysa Z. Hutnik.

JBS USA will pay $1.1 million to settle allegations from New York AG Letitia James that its “Net Zero by 2040” claim misled consumers. The case underscores the growing scrutiny of environmental marketing and the need for companies to substantiate sustainability goals with real data and clear language. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Paul L. Singer, Beth Bolen Chun, and Katie Rogers.

Pennsylvania Attorney General Dave Sunday announced a $750,000 settlement with American Mint LLC over its negative option subscription practices — marking the company's second major enforcement action following a 2005 Assurance of Voluntary Compliance. The case underscores how state AGs continue to use UDAP authority to address deceptive subscription practices, even without specific auto-renewal laws on the books. For legal, compliance, and marketing teams, this settlement highlights the importance of clear, conspicuous disclosures, express consent, and accessible cancellation methods — and serves as a reminder that legacy agreements and practices remain enforceable decades later. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

In Part One of our two-part series on the NAAG Fall Consumer Protection Conference, we cover key takeaways from the Attorneys General panel and a discussion on price transparency featuring Kelley Drye's Beth Chun. Hear insights from state AGs on enforcement priorities, compliance expectations, and the growing focus on transparent pricing laws nationwide. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

In the second part of our coverage of the NAAG Fall Consumer Protection Conference, we recap discussions on deceptive practices—from privacy and ultra-processed foods to e-cigarettes—as well as federal student loans and debt collection trends. Panelists shared state enforcement updates, litigation developments, and practical insights for businesses and policymakers navigating these evolving areas. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, andAndrea deLorimier.

Massachusetts' new junk fee and auto-renewal regulations are now in effect, reshaping how businesses disclose pricing and subscription terms. In this episode, we recap insights from Yael Shavit, Chief of the Consumer Protection Division at the Massachusetts AG's Office, who joined Kelley Drye to discuss key compliance takeaways, enforcement priorities, and what businesses should know about these first-of-their-kind rules. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Salim Rashid.

As brands explore AI-driven marketing, the Children's Advertising Review Unit (CARU) has released a new framework outlining the key risks companies face when using AI to engage children—from misleading content and data privacy to mental health and transparency concerns. In this episode, we cover CARU's eight risk categories and practical steps companies can take to align with responsible advertising standards and reduce enforcement exposure. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

Charitable organizations continue to face growing oversight and evolving legal risks. At this year's NAAG NASCO Charities Conference, regulators and nonprofit leaders discussed how funding shifts, political pressures, and new enforcement priorities are reshaping the sector. In this episode, we break down key takeaways—including compliance strategies and recent developments affecting nonprofits nationwide. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

Maryland's Online Data Privacy Act is officially in effect, but businesses still have time to prepare before enforcement begins in 2026. The law introduces some of the toughest rules yet on sensitive data, minors' privacy, and algorithmic assessments—creating new compliance challenges even for companies already following other state laws. This episode breaks down the key takeaways and practical steps businesses can take to stay ahead. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein and Austin J. Del Priore.

California has taken a new approach to protecting minors online. Governor Gavin Newsom just signed the Digital Age Assurance Act, shifting responsibility for age assurance to app developers while leaving verification to self-reported age data at the operating system level. The law—backed by Big Tech and set to take effect in 2027—moves away from the stricter parental consent models in Utah and Texas and creates a new compliance landscape for developers under CCPA and COPPA. Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik, Laura Riposo VanDruff, Alexander I. Schneider, and Salim Rashid.

California is once again leading the nation on privacy. Governor Gavin Newsom just signed three new laws that will reshape how businesses manage user data, account deletion, and browser-based opt-outs. Together, these laws—the Opt Me Out Act, expanded data broker disclosure requirements, and new social media deletion rules—signal where CCPA enforcement is headed next. Companies should start preparing now, as compliance deadlines are just around the corner. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein and Meaghan M. Donahue.

A recent NAD decision is bringing renewed attention to the FTC's shelved concept of “review hijacking” — using reviews from one product to promote another. NAD found that a supplement brand improperly combined reviews for two “substantially different” products, echoing the FTC's earlier language and signaling that review accuracy remains a live issue under existing advertising standards. The takeaway for advertisers: make sure product reviews truly match the item being sold. Hosted by Simone Roach. Based on a blog post by Ioana Gorecki and John E. Villafranco

Class action suits over inflated “list” and “strikethrough” prices are on the rise—but now competitors are getting involved too. In a recent NAD case, Etekcity challenged Renpho's use of inflated “list” prices on Amazon, arguing that they misled consumers about discounts. NAD agreed, reinforcing that list prices must reflect real, sustained sales—not outliers. The case highlights the compliance risks around pricing claims and shows how NAD can serve as a forum for competitive challenges. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

Two state attorneys general are taking major steps to tighten online age verification and protect minors. Florida's AG filed lawsuits against adult content sites under the state's new Age Verification Law, while New York's AG proposed detailed rules to implement the SAFE for Kids Act—setting out standards for parental consent, age assurance, and privacy protections. Together, these actions show how states are pushing beyond federal requirements, signaling that companies must prepare for evolving and highly technical compliance expectations. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

With the U.S. Mint no longer producing pennies and supplies running out nationwide, retailers and restaurants are pushing Congress to approve the Common Cents Act—a bill that would round cash transactions to the nearest nickel. The proposal aims to keep commerce running smoothly as businesses struggle to make change, while raising key questions about fairness under programs like SNAP and state sales tax laws. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

A California federal court has approved a $1.5 million settlement resolving claims that Rust-Oleum misled consumers with “non-toxic” and “Earth Friendly” labels on its Krud Kutter products. The case highlights the legal risk of broad environmental marketing claims—especially when qualifiers are buried in fine print. The court found that whether such claims mislead a reasonable consumer is a question for the jury, underscoring the importance of clear and well-supported environmental representations. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon and Katie Rogers

The City of Philadelphia has sued S.C. Johnson & Son and Bimbo Bakeries, alleging they misled consumers about the recyclability of plastic bags by using symbols like “chasing arrows” and How2Recycle labels. The City argues that these claims ignore the economic and technical realities of plastic film recycling—most of which can't be processed through curbside programs. The lawsuit highlights a growing enforcement trend against environmental marketing claims that rely on technical recyclability rather than practical, market-scale recycling. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon

Nineteen Democratic attorneys general, led by California AG Rob Bonta, are urging the CFPB not to reduce its supervision of key consumer finance sectors, including auto lending, debt collection, and money transfers. The AGs warn that raising the thresholds for “larger participant” oversight would leave millions of consumers unprotected and weaken the CFPB's enforcement reach. The letter signals states' continued commitment to fill potential gaps in federal oversight through coordinated enforcement. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Darby B. Hobbs

The California Privacy Protection Agency fined Tractor Supply $1.35 million for alleged violations of the CCPA, citing inadequate privacy notices, employee disclosures, opt-out mechanisms, and partner contracts. The settlement underscores California's growing enforcement focus on opt-out preference signals, contract compliance, and employee data rights. It also highlights how even consumer complaints can trigger wide-ranging investigations. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Meaghan M. Donahue

What happens when a celebrity sports drink rivalry spills from the gym to the courtroom? Prime Hydration, co-founded by Logan Paul and KSI, has sued soccer legend Lionel Messi's Más+ brand, alleging false advertising about Messi's role in founding and developing the drink. The case raises fresh questions about how much celebrity involvement actually matters to consumers. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

Sixteen Republican state attorneys general, led by Montana AG Austin Knudsen, have launched an investigation into four major tech companies over allegedly deceptive renewable energy claims. The AGs argue that using unbundled renewable energy certificates (RECs) to claim 100% renewable power may mislead consumers and distort the energy market. This episode breaks down how the probe reflects ongoing scrutiny of Big Tech, state-level divergence from the FTC's Green Guides, and broader political debates around fossil fuels, emissions, and the electric grid. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier

After the Washington Supreme Court ruled that misleading subject lines can violate the state's Commercial Electronic Mail Act (CEMA), Skechers now faces a similar class action. The lawsuit claims the company created a false sense of urgency by announcing that sales would end — only to later extend them. This episode explores how the case underscores growing risks around email marketing and why brands should review subject line practices to avoid costly CEMA violations. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

The FTC and seven state attorneys general have sued Ticketmaster and Live Nation, alleging deceptive practices and violations of the BOTS Act. The complaint claims the companies secretly worked with ticket brokers, let them bypass security limits, and used “bait-and-switch” pricing tactics that misled consumers. This episode unpacks the case, what it says about the government's focus on junk fees and platform accountability, and the key lessons for businesses conducting pricing tests or managing third-party relationships. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, and Abigail Stempson

Even without new comprehensive privacy laws passed in 2025, regulators have kept busy. California finalized major CCPA updates—introducing risk assessments, cybersecurity audits, and automated decision-making rules—while amendments and new state laws in Maryland, Indiana, Kentucky, and Rhode Island take effect soon. Colorado also extended the deadline for its AI Act. This episode breaks down what's changing, when key obligations begin, and why businesses need to start mapping their compliance timelines now. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein, Alexander I. Schneider, and Meaghan M. Donahue

Greenwashing claims aren't just coming from consumers. Moldex-Metric has sued competitor Protective Industrial Products, alleging false environmental claims about its “bio-based” earplugs in violation of the Lanham Act and California UDAP laws. The case highlights how competitors can leverage the FTC's Green Guides and independent testing to challenge sustainability claims—and why brands must ensure all “eco-friendly” statements are verifiable. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Katie Rogers

At the 2025 NAAG Eastern Region Meeting in Asbury Park, Attorneys General, legal experts, and policymakers gathered to reimagine public safety. From violence prevention and firearm safety to AI enforcement and environmental protection, the discussions reflected how AG offices are adapting to evolving legal and technological challenges. For companies and compliance teams, the meeting underscored key themes shaping enforcement priorities nationwide—especially around transparency, consumer protection, and responsible AI use. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier

Just before leaving office, former Missouri AG Andrew Bailey withdrew a proposed rule that would have barred social media companies from requiring users to rely solely on in-house content moderation. The rule drew strong opposition from industry and policy groups who warned of data security risks, First Amendment violations, and technical impracticalities. While the withdrawal pauses the effort for now, it leaves open the possibility that future AGs—or other states—could revisit similar proposals. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Zach Cihlar

California and Delaware AGs are pressing OpenAI on child safety, warning that its recapitalization plan is subject to review and urging stronger safeguards. At the same time, AG Bonta backed California's LEAD for Kids Act, which would restrict companion chatbots for minors unless strict protections are in place. For legal, compliance, and product teams, these actions signal rising state-level scrutiny of AI and potential penalties for companies that design chatbots without adequate safeguards. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier

What happens when one of the world's biggest YouTubers markets directly to kids? Last week, the Children's Advertising Review Unit (CARU) announced a decision involving MrBeast and his brand Feastables, raising concerns about ad labeling, misleading claims, sweepstakes practices, and children's privacy protections. The case underscores the heightened scrutiny companies face when advertising to children. From clear disclosures to COPPA compliance, brands need to recognize that kids interpret ads differently—and regulators expect advertisers to take extra care. For legal, compliance, and marketing teams, this is a reminder that children's advertising brings unique risks and responsibilities. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.

What starts with an anonymous consumer complaint can quickly escalate into a full-scale investigation. In Business Doe, LLC v. State of Alaska, the Alaska Supreme Court confirmed the Attorney General's authority to issue subpoenas in consumer protection cases—even when triggered by a single anonymous letter. This ruling underscores just how broad state AG investigative powers can be, and highlights the risks for businesses that underestimate consumer complaints or the reach of AG enforcement. Legal, compliance, and risk teams should pay close attention to how courts are interpreting AG authority, as similar challenges are likely to emerge across other states. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier

The FTC just announced a $7.5 million settlement with Chegg, alleging the company violated ROSCA by making it unnecessarily difficult for subscribers—mostly students—to cancel their online services. According to the FTC, Chegg's cancellation process buried links, forced users through confusing flows and “save” attempts, and in some cases still charged consumers after cancellation. The settlement requires Chegg to maintain a simple cancellation mechanism that is at least as easy as signing up—reaffirming the FTC's ongoing focus on negative option compliance even after the Click to Cancel Rule was vacated. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon and Beth Chun.

Hawaii stands out among the states with a rare dual-entity enforcement structure: both the Attorney General's Office and the Office of Consumer Protection hold authority under the state's consumer protection laws. In this episode, we explore how these agencies coordinate enforcement, the strengths and challenges of overlapping jurisdiction, and the unique legislative and litigation roles each plays. We also dive into Hawaii's UDAP and deceptive trade practices laws, automatic renewal requirements, price gouging restrictions, and key differences between pursuing cases in state versus federal court. For legal, compliance, and marketing teams, Hawaii offers a distinctive look at how consumer protection authority can be shared—and what that means for enforcement risk. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier.

In late August, the Attorney General Alliance hosted its Chair's Initiative in Girdwood, Alaska, marking the final event under former Alaska Attorney General Treg Taylor's leadership. The conference brought together attorneys general, cybersecurity experts, and industry leaders to discuss evolving digital threats and strategies for public-private collaboration. Key themes included strengthening national defenses through cross-sector partnerships, harmonizing fragmented privacy laws, and leveraging AI responsibly—both to address risks like deepfakes and to build safer, more transparent systems. For companies navigating cybersecurity and consumer protection challenges, the Initiative underscored the central role state AGs will continue to play in shaping digital policy. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier.

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 terms. As part of the settlement, HelloFresh must implement stricter consent mechanisms, provide clear disclosures, and offer easier cancellation options. For legal, compliance, and marketing teams, this case highlights the heightened scrutiny on subscription models and the growing expectation that companies go beyond the letter of the law to ensure transparent, consumer-friendly practices. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 exploitation and inappropriate content, making clear they will use every enforcement tool available. For legal, compliance, and marketing teams, these actions underscore the growing regulatory focus on online platforms, addictive features, and AI-driven risks. Companies in the tech, digital media, and AI sectors should expect heightened scrutiny and prepare for aggressive, coordinated enforcement. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun and Andrea deLorimier.

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 conditions, those scenarios do not reflect typical consumer use. For legal, compliance, and marketing teams, this decision underscores the importance of grounding health and safety claims in consumer-relevant evidence, not just lab studies, and being cautious when making broad comparative claims against competitors. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 reports he may pursue a run for governor. Both AGs have been active on hot-button issues ranging from AI and social media regulation to cybersecurity and financial data protection. For legal, compliance, and marketing teams, these leadership transitions matter: shifts in priorities, enforcement strategies, and election dynamics can quickly reshape the regulatory landscape. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun and Andrea deLorimier.

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, to growing concerns about counterfeit GLP-1 weight loss drugs. For legal, compliance, and marketing teams, the Summit signals where enforcement priorities are headed and underscores the importance of preparing for greater regulatory scrutiny. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun and Andrea deLorimier.

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, compliance, and marketing teams should take note of how this case could reshape expectations around liability, disclosures, and customer trust. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 study. The NAD recommended that Agendia make those connections "clearly and conspicuously" obvious to audiences. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon. Read the full post: https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-considers-material-connection-disclosures-on-linkedin

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 marketing teams, the decision highlights how courts apply the reasonable consumer standard and reminds businesses that even small variances in product claims can invite scrutiny—though not all will prove actionable. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 when procedural issues decide the outcome, the underlying risks tied to endorsements, disclosures, and consumer trust remain front and center. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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, adapting compliance programs, and avoiding costly disputes with regulators. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier

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, and marketing teams, understanding these clarifications now is critical to mitigating risk and avoiding costly enforcement down the road. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Beth Bolen Chun.