Ad Law Access Podcast

Can a claim be literally true and still mislead consumers? In this episode, we unpack a New York federal court's decision allowing a class action against Abbott Laboratories over PediaSure Grow & Gain's “Clinically Proven to Help Kids Grow” claims to move forward. The court found that a jury could reasonably conclude consumers interpreted the advertising to mean the product helps typical children grow taller—even though the supporting studies involved children at risk of malnutrition and the packaging included a disclaimer. The case underscores a critical lesson for advertisers: courts evaluate the overall consumer takeaway, including images, context, and disclosures, and even technically accurate claims can create legal risk if they communicate a message the evidence doesn't support. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

In this episode, we unpack the lawsuit against prediction market platform Polymarket, which accuses the company of orchestrating undisclosed influencer campaigns, promoting simulated betting videos that appeared to show real winnings, and using viral “clipping” tactics designed to make paid content look organic. The case serves as a timely reminder that, even as FTC enforcement priorities evolve, consumer groups and private plaintiffs are increasingly stepping in to police influencer marketing practices. For brands working with creators, the message is clear: transparent disclosures, authentic content, and compliance with endorsement rules remain essential to avoiding legal and reputational risk. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

What seems like a simple request for records can quickly become a costly compliance failure. In this episode, we unpack the FTC's settlement with Amazon over alleged violations of the Fair Credit Reporting Act's identity theft record requirements, highlighting how routine customer service practices, identity verification protocols, and privacy concerns can conflict with the FCRA's strict obligations. The case serves as a reminder that businesses handling consumer data must do more than adopt compliance policies—they must ensure frontline employees can execute them correctly and within the law's precise timelines. For companies managing fraud, identity theft, or consumer records, the settlement underscores that operational details can carry significant regulatory consequences. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Donnelly L. McDowell.

What should food delivery apps tell you before you click “place order”? In this episode, we unpack a bipartisan coalition of 16 state attorneys general urging the FTC to adopt sweeping new rules governing food delivery platform fees, with a focus on drip pricing, service fees, menu markups, tipping transparency, and personalized pricing. The AGs argue that consumers deserve clearer disclosures about how fees are calculated, whether menu prices differ from in-store prices, and when personal data is being used to tailor prices or discounts. As state and federal regulators increasingly align around pricing transparency, the proposal signals that food delivery platforms—and potentially other industries using similar pricing models—should prepare for heightened scrutiny of fees, disclosures, and data-driven pricing practices. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

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 two new lawsuits highlighting the continued legal risks surrounding influencer marketing and endorsement disclosures. We also explore lessons from the FTC's recent settlement with Amazon over its handling of identity theft records under the Fair Credit Reporting Act and highlight on-demand Kelley Drye webinars covering pricing, DOJ enforcement, and state attorney general priorities. Hosted by Simone Roach. This episode features blog posts by Paul Singer, Abigail Stempson, Beth Chun, Andrea deLorimier, Gonzalo Mon, Laura Riposo VanDruff, and Donnelly McDowell. You can find these blog posts and much more at AdLawAccess.com. For webinar recordings, upcoming events, and additional thought leadership, visit KelleyDrye.com.

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 comments urging the FTC to rethink the duration of its consent orders, explore the growing regulatory focus on pricing practices through our "Pricing 101" series, and examine FTC enforcement against a company that claimed to use AI to listen to consumer conversations for ad targeting. We also cover New York's new synthetic performer disclosure law, NAD's inquiry into influencer disclosures, and highlight upcoming webinars on surveillance pricing and evolving DOJ corporate enforcement priorities. Hosted by Simone Roach. This episode features blog posts by John Villafranco, Paul Singer, Alysa Hutnik, and Gonzalo Mon.

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 to background characters, partial performers, and other common creative elements, as well as the challenges advertisers face in determining what qualifies as a sufficiently clear disclosure. As states continue to push AI transparency requirements into the advertising space, companies using AI-generated content should be paying close attention to how these new rules could reshape marketing compliance and creative strategy. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 broader messages than advertisers intend. As regulators, self-regulatory bodies, and plaintiffs increasingly scrutinize absolute and unqualified representations, the decision offers valuable guidance for companies looking to balance compelling marketing with defensible advertising claims. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 cancellation fees, did not obtain consumers' express informed consent for recurring charges, and made it unnecessarily difficult to cancel subscriptions. As regulators continue to focus on auto-renewal programs, recurring billing, and “click-to-cancel” principles, the case serves as a powerful reminder that businesses must ensure material terms are clear, consent is meaningful, and cancellation is as straightforward as enrollment. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 registration, product listing, adverse event reporting, and safety substantiation requirements to forthcoming rules on good manufacturing practices, fragrance allergens, PFAS scrutiny, and talc testing, the agency is gaining unprecedented visibility into the cosmetics marketplace. As FDA signals that compliance, transparency, and product safety will remain key priorities, companies should prepare for heightened regulatory, litigation, and reputational risks in an increasingly scrutinized industry. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Cristina Ferretti, and Katrina Hatahet.

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 highlights intensifying regulatory scrutiny around pricing transparency, discount advertising, and consumer perception at a time when rising grocery costs are already under the microscope—and serves as a warning that regulators are increasingly willing to challenge whether “free” really means free. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 million in alleged overcharges across more than 3 million transactions. The case highlights intensifying regulatory scrutiny around pricing transparency, discount advertising, and consumer perception at a time when rising grocery costs are already under the microscope—and serves as a warning that regulators are increasingly willing to challenge whether “free” really means free. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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, to Connecticut's sweeping omnibus bill addressing employment algorithms, companion chatbots, synthetic content labeling, and safe harbor programs, to California's expanding focus on chatbot disclosures, child safety, and high-risk automated decision-making. As states continue racing to shape the future of AI oversight, one theme is becoming increasingly clear: companies deploying AI systems should expect growing obligations around transparency, documentation, human oversight, and consumer protections long before a unified federal framework arrives. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill.

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 case—following both an NAD challenge and multiple consolidated class actions—highlights the growing legal scrutiny around AI advertising, substantiation, and product availability claims, sending a clear warning to companies eager to promote future-facing AI capabilities before they are fully market-ready. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 allegedly relying on bots and manipulated gameplay. The case—one of the largest Lanham Act verdicts in recent memory—highlights the growing legal and reputational risks facing gaming companies that market fairness, transparency, and skill-based competition in an industry already under increasing scrutiny from regulators, competitors, and consumers alike. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 transparency obligations, algorithmic discrimination rules, and AI liability frameworks — and examines what the pace of activity means for companies trying to build durable compliance programs. They also talk about Colorado's recently passed SB 189, which is effectively a repeal and replacement of the original Colorado AI Act, what changed, what was removed, and the associated compliance planning challenges. ABOUT THE SPEAKERS Alex Schneider Special Counsel, Advertising and Privacy Group aschneider@kelleydrye.com (202) 342-8634 www.kelleydrye.com/people/alexander-i-schneider Laura Riposo VanDruff Office Managing Partner of the firm's Washington, D.C. office and former Chair of the firm's Advertising and Marketing practice group lvandruff@kelleydrye.com (202) 342-8435 https://www.kelleydrye.com/people/laura-riposo-vandruff Salim Rashid Associate srashid@kelleydrye.com (202) 342-8473 https://www.kelleydrye.com/people/salim-rashid Joseph Cahill Associate (202) 945-6626 https://www.kelleydrye.com/people/joseph-cahill RESOURCES Subscribe to the Ad Law Access blog: www.kelleydrye.com/subscribe Subscribe to the Ad Law News newsletter: www.kelleydrye.com/subscribe Visit the Advertising and Privacy Law Resource Center: www.kelleydrye.com/advertising-and-privacy-law Find all of our links here: linktr.ee/KelleyDryeAdLaw

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 market practices, and the agency's role in regulating emerging technologies. With Ferguson emphasizing that the FTC is a law enforcer—not a broad economic regulator—while signaling potential guidance on pricing disclosures, continued focus on children's privacy, and possible consent decree reforms, the discussion highlights a pivotal moment for businesses navigating AI, pricing, and privacy compliance in an uncertain regulatory environment. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Joseph Cahill.

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 grapple with whether existing consumer protection and antitrust laws can keep pace with algorithm-driven markets, the discussion highlights growing tensions around transparency, competition, and consumer perception, as well as the expanding role of state enforcement even in the absence of new legislation. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

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 know about the strict “all or virtually all” standard behind those claims. As regulators intensify scrutiny of domestic sourcing messages, businesses should be reassessing whether their patriotic branding can stand up to legal challenge. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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-growing creator economy, the program raises timely questions about whether industry-led certification and ongoing oversight can help close the gap between marketing reach and consumer confidence. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 how this differs from ordinary dynamic pricing, why lawmakers and regulators are raising concerns about transparency, fairness, and discrimination, and how states like New York and California are leading a growing wave of disclosure laws, proposed bans, and investigations. For businesses relying on data-driven pricing tools, the message is clear: pricing strategies are quickly becoming a major privacy, consumer protection, and antitrust risk area. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Alexander I. Schneider, and Joseph Cahill.

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 how products are actually marketed and used, treating misleading labeling as a potential violation of drug laws and a serious public health risk as scrutiny of compounded and unapproved GLP-1 products continues to intensify. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell and Cristina Ferretti.

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 channels used to enroll—all while banning obstacles that delay or frustrate consumers. With potential fines starting at $525 per violation and restitution tied to failed cancellation attempts, the proposal signals a more aggressive, city-level push to regulate negative option marketing in the absence of a finalized federal rule. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Beth Bolen Chun.

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 during the disruption period. With the announcement tied to rapidly rising wholesale gas prices amid an international crisis—and backed by coordinated monitoring and enforcement from multiple state agencies—the episode explores how these laws work in practice, why businesses across the distribution chain should take notice, and how state AGs may take an increasingly expansive view of pricing enforcement in volatile markets. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.

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 before regulatory shifts, private litigation, and shelf-space demands collide. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Katie Rogers, and Cristina Ferretti.

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, accountability, youth harms, and high-risk use cases. We also examine California's expanding DELETE Request and Opt-out Platform (DROP), which has already processed more than 262,000 deletion requests, and why the summit made one thing clear: in 2026, regulators increasingly expect privacy and AI compliance programs to work in practice—not just on paper. Hosted by Simone Roach. Based on a blog post by Joseph Cahill and Laura Riposo VanDruff.

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 on notice, consent, and children's privacy considerations, the case offers a timely roadmap for advertisers navigating the legal, compliance, and reputational risks of promoting AI-driven products. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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 the administration also urging broader agency action on country-of-origin labeling and marketplace verification, companies should be reassessing whether their “Made in USA” messaging can stand up to a tougher enforcement environment. Hosted by Simone Roach. Based on a blog post by Alexander I. Schneider and Christie Grymes Thompson.

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 adding a knowledge standard that requires plaintiffs to show senders knew—or reasonably should have known—that subject lines were false or misleading. With the changes taking effect June 11, 2026, the update offers important relief for marketers while leaving plenty of compliance risk still on the table. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

What happens when state attorneys general decide the DOJ's antitrust fix doesn't go far enough? In this episode, we break down the growing split in the Live Nation-Ticketmaster litigation as more than two dozen bipartisan state co-plaintiffs reject the Justice Department's tentative settlement—arguing that measures like divesting booking agreements, opening up ticketing access, and capping certain fees still fall short of addressing Live Nation's market power—and continue pressing for broader structural relief, including a potential Ticketmaster divestiture. The dispute offers a vivid example of how state AGs are increasingly willing to chart their own course when they believe federal regulators are settling for less than full accountability. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

What do California's latest privacy settlements tell us about where enforcement is headed next? In this episode, we unpack the California Privacy Protection Agency's newest CCPA actions against PlayOn Sports and Ford, which reinforce a clear message: opt-out rights must be easy to exercise, free of unnecessary friction, and fully effective in practice—from rejecting cookie banners with an “accept all” option but no equally simple “decline all” choice to prohibiting identity verification steps that can delay or derail opt-out requests. As the CPPA continues to zero in on dark patterns, opt-out preference signals, and real-world functionality, companies should be paying close attention to how their privacy choices are designed, disclosed, and implemented. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein, Alysa Z. Hutnik, and Meaghan M. Donahue.

What does Vanguard's $29.5 million settlement tell us about the growing legal and political fight over ESG investing? In this episode, we break down a first-of-its-kind agreement between Vanguard and 13 Republican state attorneys general that partially resolves a multistate antitrust lawsuit alleging major asset managers used their holdings in coal companies to influence output and strategy under the banner of ESG—while also examining the broader implications for asset managers, proxy voting, and the increasingly aggressive state-level scrutiny of ESG-related investment activity as claims against BlackRock and State Street move forward. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

What happens when state AGs decide that predictive markets, casino apps, and loot boxes look a lot more like gambling than gaming? In this episode, we unpack a fast-moving wave of state enforcement as attorneys general scrutinize Kalshi's predictive markets, Washington's lawsuit against casino app operators Playtika and Aristocrat, and New York's suit against Valve over loot boxes—signaling that companies offering chance-based online games, especially those involving virtual currency, item value, or youth audiences, may face growing legal risk under state gambling and consumer protection laws. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.

Connecticut's latest privacy enforcement report offers a clear warning: regulators expect privacy compliance programs to be operational, not just on paper. In this episode, we unpack what the state's 2025 CTDPA Enforcement Report reveals about rising scrutiny around consumer rights requests, privacy notices, cookie banners, opt-out preference signals, children's data, and health and genetic data — along with legislative recommendations that could further tighten the rules. For legal, compliance, and marketing teams, the report is a practical roadmap for where privacy enforcement is headed and what businesses should be reviewing now to reduce risk. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Alysa Z. Hutnik, Andrea deLorimier.

A growing wave of class actions under Washington's Commercial Electronic Mail Act is putting marketers on notice. In this episode, we break down the surge of more than 60 lawsuits challenging allegedly misleading email subject lines, the recent court rulings rejecting CAN-SPAM preemption and dormant commerce clause defenses, and the proposed Washington legislation that could narrow liability and limit remedies — even retroactively. For legal, compliance, and marketing teams, it's a timely reminder that promotional email copy can create significant litigation risk and that now is the time to revisit subject-line review practices. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

The FTC may be signaling a more data-driven approach to privacy and data security enforcement. In this episode, we break down key takeaways from the Commission's recent workshop on how it evaluates consumer harms and benefits — including what Chairman Ferguson's remarks may mean for future enforcement and how the agency appears to be weighing privacy risks against the economic benefits of data-driven advertising and innovation. For legal, compliance, and marketing teams, the discussion is a useful reminder that privacy and adtech scrutiny may increasingly turn on whether companies can substantiate both consumer harms and consumer benefits with real evidence. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Joseph Cahill.

A golf industry rivalry has teed off in court. TaylorMade has sued competitor Callaway, alleging that sales representatives, ambassadors, and influencers conducted UV-light demonstrations suggesting TaylorMade golf balls had paint imperfections that could cause poor performance — even calling them “mud balls.” TaylorMade argues the demonstrations are misleading and unrelated to real-world performance, claiming the visual differences simply reflect cosmetic additives like UV brighteners rather than quality or flight characteristics. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

California's DELETE Request & Opt-Out Platform (DROP) is about to go live — and businesses that act as data brokers will need to be ready. DROP will serve as a one-stop mechanism for consumers to submit deletion requests under the California Data Broker Registry law, and brokers will be required to register with the platform, access it regularly, and delete personal information that matches consumer requests. In this episode, we break down what DROP is, key operational and timing considerations, and best practices to help ensure compliance once the system becomes available. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein and Céline Guillou

The National Advertising Division has weighed in on how advertisers can and cannot make “1+” claims — statements that imply consumers will get at least a certain quantity (e.g., “1+ hours of battery life”) — holding that such claims must be accurately supported and not deceptive when the “+” is not meaningfully substantiated. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon

States are increasingly regulating ultra-processed foods (UPFs) — and West Virginia's new law banning additives in school foods (with broader statewide application coming soon) offers a window into how consumer protection intersects with public health. In this episode, we go over key takeaways from our recent webinar, exploring the debate over UPFs, what makes a product “ultra-processed,” the constitutional and evidentiary challenges facing such laws, and why regulators and advocates are pushing this agenda.

A bipartisan coalition of 40 state attorneys general has sent a letter urging Congress to pass the Senate's Keeping Online Safe Act (KOSA), highlighting concerns about harmful online content, algorithmic amplification, and gaps in current federal law that they say leave consumers — especially children — vulnerable. In this episode, we unpack why AGs are aligning behind KOSA, what provisions they support (such as transparency requirements, safety standards, and age-appropriate protections), and how this push reflects broader state and federal interest in regulating online platforms. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier

South Carolina is on the verge of becoming the latest state to adopt an Age-Appropriate Design Code modeled on the U.K.'s landmark child-safety framework. In this episode, we break down the Code's key components — including prescriptive design, data minimization, privacy protections, and risk assessments for services used by children — and how it fits within the national trend of expanding protections beyond COPPA. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill

App store age assurance laws are rapidly evolving, and they're not disappearing any time soon. In this episode, we unpack why states like Utah, Texas, and now California are pushing forward with age assurance frameworks that require operating systems and developers to collect and act on age information — and why these laws continue gaining traction despite legal challenges. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Paul L. Singer, and Alexander I. Schneider

In this episode of Privacy Perspectives, Alex Schneider is joined by Whitney Smith, a partner in Kelley Drye's Litigation practice group. Together, they discuss a wave of new privacy litigation related to wiretapping claims under the California Invasion of Privacy Act, or CIPA. The speakers cover key takeaways from the cases that have been brought under CIPA, trends in the health privacy litigation space, and the potential effects of pending legislation.

A coalition of 35 state attorneys general sent a letter to leading generative AI developers expressing concern that companies are not sufficiently addressing explainable AI (xAI) and transparency in AI systems, particularly in how consumers understand automated decision-making and the extent to which models can be interrogated or explained. The states urge developers to improve model explainability, disclose how decisions are made, and enhance documentation around training data, safety guardrails, and risk mitigation, signaling that black-box AI won't satisfy emerging expectations. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier

A messy battle in the self-cleaning litter box market has spilled into federal court. Meowant alleges that rival PetPivot enlisted TikTok influencers to post fake or misleading reviews claiming Meowant's products malfunction — while directing viewers to PetPivot's TikTok Shop. The complaint asserts unfair competition, false advertising, defamation, trademark dilution, and tortious interference, and seeks injunctive relief and damages. In this episode, we unpack what the case signals for brands working with influencers. Even if a company doesn't script or directly control influencer content, regulators like the FTC and NAD have made clear that brands can still be held responsible. The dispute serves as a reminder that influencer oversight, clear guidance, and monitoring aren't just best practices — they may be critical to staying out of court. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

Regulators are stepping up scrutiny of AI chatbots and companion AI technologies, with state attorneys general pushing companies to strengthen safety measures for kids and California advancing the Leading Ethical AI Development (LEAD) for Kids Act, which would restrict how companion chatbots interact with minors. At the same time, AGs urged OpenAI to “amplify safety” in response to concerns about inappropriate content and risks to youth, highlighting how AI oversight is moving beyond traditional privacy and consumer protection frameworks. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill.

A growing wave of class actions under Washington's Commercial Electronic Mail Act (CEMA) is putting email marketing practices under scrutiny — with plaintiffs alleging that misleading subject lines, like false urgency around sales end dates, violate state law and can trigger statutory damages per email sent. In this episode, we break down recent filings, the legal theory behind CEMA claims, and why marketers and compliance teams should rethink how they communicate promotions to Washington consumers to avoid costly exposure. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon

The Center for Industry Self-Regulation (CISR) has launched the Institute for Responsible Influence, a new initiative aimed at promoting ethical, transparent, and accountable practices in influencer marketing and brand-partner relationships. The Institute will develop best-practice frameworks, provide training and resources, and encourage collaboration among industry stakeholders to elevate standards for disclosure, authenticity, and consumer trust in influencer-driven campaigns. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

State attorneys general capped 2025 with a $4.25 million multistate settlement with Menards over deceptive “11% rebate” marketing that allegedly misled consumers into thinking they were getting point-of-sale discounts when the benefit was actually deferred merchandise credit — and set the stage for evolving pricing scrutiny in 2026. Alongside the settlement, the Colorado AG signaled enforcement priorities under the state's new deceptive pricing law, including clear total price disclosures and fair allocation methods in contexts like tenant utility billing. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Joseph Cahill.

As AI features proliferate in consumer products, the National Advertising Division is sharpening its focus on how those features are marketed. In a recent NAD decision involving Horizon Brands' Tiny Traveler AI Classic Baby Monitor, the NAD reviewed “AI-powered” claims and found that advertisers must have a real basis for AI assertions and clearly disclose technological limitations on emotion and motion detection to avoid misleading consumers. This episode highlights why substantiating AI-related claims matters now more than ever for legal, compliance, and marketing teams navigating AI marketing claims. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.