Ad Law Access Podcast

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

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

Aaron J. Burstein, Meaghan M. Donahue On July 1, 2025, California Attorney General Rob Bonta announced a $1.55 million proposed settlement order with Healthline Media – the largest California Consumer Privacy Act (CCPA) settlement to date. The proposed settlement resolves allegations that Healthline violated the CCPA by 1) failing to honor consumer requests to opt-out of the sale and sharing of personal information, 2) violating the CCPA's purpose limitation principle, and 3) failing to include required data protection provisions in contracts with service providers and third parties.

Donnelly L. McDowell, Katie Rogers, Andrea deLorimier Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has launched a number of initiatives that target certain types of food products and ingredients. The changes invited by the so-called ​“MAHA” or ​“Make America Healthy Again” movement have not been limited to the federal level – with certain states passing or proposing legislation banning or limiting the use of certain foods and ingredients, or requiring warning labels akin to California's Proposition 65.

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

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

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

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

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

FTC Negative Option Rule Vacated by Eighth Circuit Just days before the FTC's new Negative Option Rule was set to take effect, the Eighth Circuit vacated it entirely. What does that mean for federal enforcement, and how should businesses approach autorenewal compliance now? In this Ad Law Access podcast episode, host Simone Roach walks through the key takeaways from the ruling and the broader landscape ahead from the blog post from Beth Chun and Aaron Burstein. #KelleyDrye #AdLawAccess #NegativeOption #AutoRenewal #FTC

Four states. Four amended privacy laws. One message: compliance is not one-size-fits-all. In this episode of the Ad Law Access podcast, Sinone Roach brings us Alysa Hutnik, Alexander Schneider, and Meaghan M. Donahue's unpacking of the growing complexity of state privacy frameworks, including: • Connecticut's redefinition of profiling and sensitive data • Montana's tightened thresholds and GLBA carve-outs • Expanded protections for children's data • Key disclosure, opt-out, and notice obligations across states If your business has 300+ employees nationwide, this is one to catch.

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

The final day of the Attorney General Alliance Annual Meeting covered some of the most urgent and complex issues facing law enforcement and AGs today: • Proactive public-private collaboration • Technology-facilitated harms (and how AGs are responding) • Earned wage access and the evolving regulatory landscape Your host Simone Roach brings us the break down from Paul Singer, Abigail Stempson, Beth Chun, and Andrea deLorimier. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/2025-aga-annual-meeting-wrap-up-day-3

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

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

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

Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier The Attorney General Alliance (AGA) hosted its 2025 Annual Meeting last week, bringing together state attorneys general and their staff, legal practitioners, and industry participants to discuss various topics important to AGs. In the first post of this three-part series, we explore the first day of panels, which included discourse on counterfeit prescriptions and fentanyl, innovative tools to disrupt human trafficking, unregulated synthetically derived substances, and gift card fraud. The Annual Meeting is the premier event hosted by the AGA each year, with almost 600 participants engaging in dialogue around the most critical legal issues facing the states and identifying opportunities for public/private partnerships to address those issues.

In this first episode of Privacy Perspectives, a new Ad Law Access podcast mini-series, Alex Schneider talks with Celine Guillou about how businesses can put their best foot forward when engaging with enforcement agencies and regulators in privacy and security investigations. Celine recently joined Kelley Drye as Special Counsel after serving in the Enforcement Division of the California Privacy Protection Agency (CPPA). She shares insights from her time at the CPPA, including common areas of regulatory focus and practical guidance for responding to enforcement requests. Alex and Celine also discuss the broader landscape of state privacy laws, emerging enforcement trends, and steps companies can take to strengthen compliance programs before an investigation ever starts. ABOUT THE SPEAKERS Celine Guillou Special Counsel, Advertising and Privacy Group Former Enforcement Attorney, California Privacy Protection Agency cguillou@kelleydrye.com (213) 547-4946 www.kelleydrye.com/people/celine-m-guillou Alex Schneider Special Counsel, Advertising and Privacy Group aschneider@kelleydrye.com (202) 342-8634 www.kelleydrye.com/people/alexander-i-schneider 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

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

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

Gonzalo E. Mon, Beth Bolen Chun On May 9, 2025, New York Governor Kathy Hochul signed a large budget bill with ​“major components of legislation necessary to implement the state transportation, economic development, and environmental conservation budget for the 2025-2026 state fiscal year.” Buried in Part W of the 99-page bill are various provisions that will also impact how companies can offer automatic renewal programs in New York, starting this November. Some of these changes appear to echo Negative Option Rule and California Automatic Renewal Law amendments, while others are more prescriptive.

Laura Riposo VanDruff, Andrea deLorimier On Thursday, the U.S. House Committee on Financial Services Subcommittee on Financial Institutions held a hearing entitled, ​“Framework for the Future: Reviewing Data Privacy in Today's Financial System.” Hearing testimony explored whether there is need for a federal privacy statute and how the financial services industry, which is already regulated by the Gramm-Leach-Bliley Act (“GLBA”) and other sector-specific statutes, would fit into such a standard.

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

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

Ioana Gorecki, Beth Bolen Chun, Paul L. Singer If you've been keeping tabs on the AI legal landscape lately, one thing is clear: states aren't waiting. Over the past year, lawmakers across the country have introduced—and in some cases passed—a flurry of bills aimed at regulating the use of AI systems, particularly in the areas of consumer protection, data privacy, and transparency. From algorithmic bias bans to generative AI labeling and ADMT restrictions, a patchwork of new AI rules is quickly taking shape.

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

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

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

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

Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier Last week, Washington Attorney General Nick Brown, a bipartisan coalition of attorneys general from ten other states, and the California Department of Financial Protection and Innovation wrote the Consumer Protection Financial Bureau's Acting Director, Russell Vought, pressing the CFPB to issue ​“long-delayed restitution” to consumers allegedly harmed by a business offering online training for tech positions.

Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier Twice a year, state attorneys general consumer protection staff gather to discuss consumer protection issues. Our state attorney general team was at the public sessions, attending and presenting on issues important to AGs. We first heard from NAAG's Todd Leatherman, Director, Center for Consumer Protection, and Brian Kane, Executive Director, as they explained the changes to the format this year resulting from interest from the public. These conferences are now accepting input from the public on panel topics, and NAAG extended the public's attendance from half a day to a full day. As Kane put it, part of the benefits of these conferences is ​“between the panels” allowing people from AG offices and the public to have conversations in person.

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

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

Alysa Z. Hutnik, Alexander I. Schneider, Meaghan M. Donahue On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy Act (CIPA). Three years after extensive wiretapping litigation first emerged targeting the use of website pixels or similar technologies, the amendment could mark the end of the road for a large swath of wiretap litigation in the state and potentially nationwide.

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

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

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

Aaron J. Burstein, Alysa Z. Hutnik, Leah Plagge Rabkin On April 11, the Department of Justice issued an extensive set of FAQs on its Bulk Data Access Rule and advised that it ​“will not prioritize civil enforcement actions against any person for violations” of the Rule through July 8, 2025, ​“so long as the person is engaging in good faith efforts” to comply with the Rule. (DOJ refers to the ​“Data Security Program” or ​“DSP.” We refer to ​“the Rule” to emphasize that it is a legally binding regulation with obligations that extend beyond data protection.)

Gonzalo E. Mon When Apple announced the iPhone 16 last year, it advertised that it would be ​“the first iPhone built for Apple Intelligence.” Apple touted several AI features and advertised that Apple Intelligence is ​“Available Now.” In reality, some features – including Priority Notifications, Image Generation, and the ChatGPT integration into Siri and Writing Tools – were not available at the time of launch. A disclosure at the bottom of the Apple Intelligence page explained: ​“Some features will become available in software updates in the coming months.”

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

Gonzalo E. Mon Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: ​“210,000+ 5-star reviews of Rascals Products.” P&G thought something about that claim smelled funny and challenged that, too