Before much of the country was watching a 7’4” basketball player in the NBA finals, a grandmother in the Bronx was thinking about how to help her grandson grow to his full potential. Over the course of about a year, she purchased hundreds of bottles of PediaSure Grow & Gain to help him grow taller.
Ad Law Access
Updates on Advertising and Privacy Law Trends, Issues, and Developments
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FTC Files Lawsuit to Stop Subscription Schemes
Following the FTC’s announcement of a $35 million settlement with Shutterstock over its automatic renewal and cancellation practices last month, the Commission recently announced that a federal court has temporarily halted an enterprise—comprised of 15 corporations and eight individuals—from running “deceptive subscription schemes.”According to the FTC’s complaint, the enterprise continually launched new product offerings, registered…
Class Action Alleges Fitness Influencers Were Weak on Disclosures
In January, a Florida woman was scrolling through Instagram when she saw two fitness influencers that she follows wearing Gymshark clothing. Soon after, she purchased a pair of Gymshark Flex High Waisted Leggings in black. What the woman thought of the leggings when they arrived at her home 4-7 business days later, we may never…
Inside the DOJ Playbook: What the New Whistleblower and Self-Disclosure Policies Mean for Advertisers and Privacy Professionals
The Department of Justice is sending a clear message to corporate America: the rules of engagement on enforcement have changed. For companies operating in the advertising and data privacy space — where regulatory scrutiny from the FTC, state attorneys general, and now the DOJ increasingly overlaps — these developments demand immediate attention.With the Antitrust Division’s…
State AGs Deliver Input on FTC’s Food Delivery Fee ANPRM
Last month, a bipartisan group of attorneys general from 16 states submitted a comment letter in response to the FTC’s ANPRM on food delivery fees that advocated for the FTC to adopt a new rule addressing pricing for food delivery services. In their letter, the AGs noted the growth and “essential” nature of food delivery…
Webinar: A Deep Dive into Surveillance Pricing
In this next session in our “Surveillance Pricing and Beyond: Navigating Today’s Pricing Landscape” webinar series, Privacy Practice Chair and Partner Alysa Hutnik and State AG Practice Chair and Partner Paul Singer, will examine the rise of policy and legal attention on “surveillance pricing,” and if and how the use of consumer…
Rethinking FTC Order Duration: Kelley Drye Comment on X Corp.’s Petition
Kelley Drye submitted a comment this week in response to the Federal Trade Commission’s request for public input on X Corp.’s petition to reopen and set aside or modify the Commission’s 2022 Decision and Order over the company’s alleged use of account security data for targeted advertising. In its filing, the firm explains that X’s…
NAD Investigates Kalshi’s Influencer Practices
As part of its marketplace monitoring program, NAD launched an inquiry into how Kalshi uses influencers. NAD was concerned about whether Kalshi’s influencers and affiliates clearly and conspicuously disclosed their connections to the company in ads and whether Kalshi takes sufficient steps to ensure they comply with the FTC’s Endorsement Guides.Kalshi declined to participate in…
NY “Synthetic Performer” Law Goes into Effect
On June 9, a New York law that requires companies to “conspicuously disclose” when their ads include any “synthetic performer” will take effect. Many advertisers who have attempted to get ahead of the law’s requirements have found that the law raises some questions to which there aren’t clear answers. The term “synthetic performer” generally refers to…
FTC Says “Listening” Service Was All Talk
Have you ever talked to your friends about something only to see an ad for it appear on your phone a moment later? Like maybe you were talking about Kelley Drye and a moment later saw this post announcing that more than 25 of the firm’s attorneys were recognized by Chambers USA? You may have…