Updates on advertising and privacy law trends, issues, and developments from Kelley Drye's Advertising and Marketing practice. Please visit our award winning blog at https://adlawaccess.com.
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.
In this episode of Privacy Perspectives, Alex Schneider is joined by Laura VanDruff and Paul Singer to discuss the fast evolving landscape of App Store age assurance laws and their implications for companies across the digital ecosystem. The conversation focuses on the Texas App Store Accountability Act, which was recently blocked from taking effect on First Amendment grounds, and what that decision means for similar laws in other states, including Utah, Louisiana, and California. Alex, Laura, and Paul examine why App Store based age assurance remains a live issue despite the injunction, particularly given the political pressure to address children's access to online content and the operational challenges of site by site age verification. The speakers explore how App Store age signals could expand compliance obligations under COPPA and state privacy laws, including for companies that do not direct their services to children or teens. They also discuss the tension between child safety objectives and privacy interests, the role App Stores may play as access gatekeepers, and the uncertainty companies face as technical standards, APIs, and enforcement expectations continue to evolve. The episode concludes with a forward looking discussion of regulatory trend lines, likely next steps at the state and federal levels, and why companies should focus on good faith efforts, privacy by design, and preparation rather than assuming injunctions signal the end of scrutiny.
The FCC has extended its waiver of the TCPA's “Revoke All” consent-revocation mechanism and adopted key reforms to the Robocall Mitigation Database rules, including updated requirements for voice service providers and new deadlines for filing attestations and supporting documentation. These changes reflect the FCC's ongoing effort to balance consumer protection from illegal robocalls with practical compliance timelines for providers navigating authentication, mitigation, and traceback obligations. Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.
A recent National Advertising Division (NAD) decision sends a clear signal on how competitors should and shouldn't use price comparisons in advertising. In the challenge between Etekcity and Renpho over “list” and “strikethrough” pricing on smart scales, NAD held that list prices must reflect bona fide, appreciable prices actually offered in the recent course of business and warned that “limited time deals” must truly be limited in time. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
A coalition of 22 Democratic state attorneys general filed a lawsuit in federal court against CFPB Acting Director Russell Vought and the Federal Reserve Board, alleging that the refusal to request statutorily required funding and to maintain key consumer complaint and mortgage data systems unlawfully interrupts state access to critical tools used in investigations and enforcement. The complaint asserts multiple violations of the Administrative Procedure Act and separation-of-powers principles, and highlights how states rely on CFPB resources like the Consumer Response System and Home Mortgage Disclosure Act data to pursue discrimination and consumer protection cases. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier.
From viral social-media-driven theft spikes to long-running emissions deception allegations, state attorneys general capped 2025 with two high-profile multistate settlements against major car manufacturers, resulting in millions of dollars in consumer relief and compliance commitments. A 35-state coalition secured a $9 million deal with Hyundai and Kia over allegedly inadequate anti-theft technology and related disclosures, and a broad coalition of 50 states resolved claims with Mercedes-Benz over hidden emissions defeat devices — illustrating that AG offices remain aggressive in protecting consumers from safety risks and deceptive practices across the automotive sector. For legal, compliance, and marketing teams, these settlements signal that multistate enforcement isn't limited to traditional product defects but extends to safety-critical and environmental representations, and that companies should be prepared to address social media effects on product misuse, transparent disclosures, and evolving AG expectations. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Brianna Robinson.
The FTC has begun issuing warning letters to companies that may be violating the new Consumer Review Rule, signaling the agency's intent to enforce the sweeping prohibition on practices that mislead consumers about the ability to leave honest reviews (such as gag clauses, pay-for-delete offers, and review manipulation). These warnings underscore that enforcement is not hypothetical — companies should be actively auditing review, testimonial, and ratings practices across all platforms to ensure compliance before formal actions begin. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
A federal court has temporarily blocked enforcement of West Virginia's law banning certain food dyes—a key provision of the state's ultra-processed foods legislation—after the International Association of Color Manufacturers challenged the statute as arbitrary and lacking scientific support. The ruling highlights the constitutional and evidentiary hurdles states may face when regulating additives in food. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Paul L. Singer, and Andrea deLorimier
State attorneys general set the tone for 2026 at the final December NAAG Capital Forum in Washington D.C., highlighting how AG enforcement and policy priorities will evolve — from tech and youth safety to antitrust, preemption issues, and rising consumer costs. Panels emphasized bipartisan collaboration, creative uses of state authority, and proactive engagement with businesses, while previewing Connecticut AG William Tong's 2026 initiative focused on Driving Down Costs for American Families and spotlighting actions on pricing, healthcare consolidation, junk fees, and more. For legal, compliance, and marketing teams, this episode offers a strategic snapshot of where multistate enforcement and regulatory focus are headed — signaling the issues most likely to shape investigations, litigation, and enforcement in the year ahead. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier
A bipartisan coalition of state attorneys general recently secured a $7 million multistate settlement with Greystar — the nation's largest landlord — in ongoing antitrust actions tied to the use of RealPage's algorithmic pricing software, requiring Greystar to curb use of tools that leverage nonpublic data to recommend rents and cooperate with continued litigation against other landlords while the states press forward in parallel actions. For legal, compliance, and marketing teams, this highlights heightened state antitrust scrutiny of algorithmic pricing and data-driven competitive practices across industries, reinforcing that enforcement can continue even after related federal or class action resolutions. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
The latest episode explores how a bipartisan coalition of 36 state attorneys general is again pushing back against proposed federal efforts to ban state-level AI laws, sending a policy letter through the National Association of Attorneys General to oppose language in the National Defense Authorization Act that would undercut states' ability to regulate artificial intelligence in areas like consumer protection and child safety. This standoff highlights persistent federal-state tension over AI governance and why legal, compliance, and marketing teams should track both state and federal developments — especially as states seek to act quickly to fill gaps left by slower national regulation. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.
The Biden Administration's latest Executive Order on AI aims to curb a growing patchwork of state-level artificial intelligence laws by directing a DOJ “AI Litigation Task Force” to challenge conflicting state rules, prompting states to signal they're prepared to fight back and underscoring that federal-state AI regulatory tensions are far from settled. For legal, compliance, and marketing teams, this development highlights the importance of monitoring evolving AI obligations at both the state and federal level — even as the Order itself doesn't immediately change compliance requirements — because how it's implemented (and potentially litigated) could significantly affect where and how businesses must comply with AI-related regulation. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Ioana Gorecki.
The National Advertising Division recently tackled disclosure practices on TikTok Shop, where Procter & Gamble challenged Blueland's influencer promotions for allegedly failing to make paid relationships clear; some influencers buried #BlueLandPartner tags in captions or omitted disclosures in video content, prompting Blueland to agree to clearer, more prominent disclosures, while NAD also found that TikTok's “creator earns commission” tag can suffice for affiliate posts. For legal, compliance, and marketing teams, this underscores the importance of tailoring disclosure instructions to influencer relationships and platform formats to meet FTC and NAD expectations for transparency. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
The FTC may be quietly reviving its controversial Click-to-Cancel rule — and companies with subscription or auto-renewal programs should take notice. After the Eighth Circuit vacated the original rule on procedural grounds, consumer groups petitioned the FTC to reopen the rulemaking, and the Commission has now invited public comment, signaling that federal scrutiny of cancellation practices is far from over. For legal, compliance, and marketing teams, this development underscores the ongoing risk around negative-option offers and the need to evaluate enrollment disclosures and cancellation flows now, not later. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Donnelly L. McDowell, and Aaron J. Burstein.
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
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