In a long-awaited decision with profound implications for the future of the agency, the Supreme Court held 7-2 today that the Consumer Financial Protection Bureau (CFPB) is constitutionally funded. CFPB officials can breathe a sigh of relief as

NBA Hall of Fame Player Sues Over Unauthorized Use of Image

3 days ago 2m 48s

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the treatment

FTC Staff’s Revised MLM Guidance—More Content, Less Clarity

4 days ago 11m 31s

Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct selling and multi-level marketing (MLM) industry.

Proposed Federal Legislation Would Require Warning Labels and Advertising Prohibitions on Junk Foods

9 days ago 3m 25s

On April 19th, Sen. Bernie Sanders (I-Vt.), Sen. Cory Booker (D-N.J.), and Sen. Peter Welch (D-Vt.) introduced The Childhood Diabetes Reduction Act (the “Act”). In a press release that positions the Act as having the same urgency as Congress’s

NAD Finds Disclosures for Comparative Claims Aren't Clear

10 days ago 2m 59s

Glad advertises that its ForceFlex MaxStrength bags are “25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A competitor – presumably worr

DOJ Issues Website and App Accessibility Requirements for State and Local Governments

11 days ago 2m 43s

Website accessibility lawsuits continue to be big business for plaintiffs’ attorneys, with thousands of lawsuits filed every year. Part of the problem is the lack of clear guidance from the government in this area, given that neither the Americ

California Publishes New Regulations Governing Charitable Campaigns

13 days ago 4m 2s

Doing good just got a little more complicated for companies that run charitable campaigns in California.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-publishes-new-regulations-governing-charitable-campaignsChristie Gr

NAD Determines a Money Back Guarantee Conveys Performance Claim

16 days ago 3m 37s

The Princeton Review advertises its MCAT preparation courses with the following copy: “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.” Blueprint Test Preparation filed a challenge bef

What We Learned From...NAAG's Director of the Center for Consumer Protection

17 days ago 12m 12s

What trends are shaping consumer protection in 2024?From kids on social media to fake reviews and junk fees, state AGs are working across state (and partisan) lines on initiatives that promise to mold the consumer protection landscape for yea

Courts and NAD Come to Different Conclusions on Package Disclosures

21 days ago 4m 2s

Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the Ninth Circuit – have held th

Court Finds that Sunshine Reveals Puffery

22 days ago 3m 48s

Two consumers walked into supermarkets on a mission to find “nutritious, healthy snacks” that “would not likely increase [their] risk of disease” and later walked out with Fruit Bowls in Gel, Fruit Bowls in Juice, Canned Fruit in Juice, Canne

10th Circuit Decision at Odds with FTC over "American Made" Claims

25 days ago 4m 7s

I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of patriotism. I Dig Texas claime

AGs Protect Children from AI (and Chainsaws)

28 days ago 5m 39s

Last week in South Carolina, AGs, staff, and members of the community gathered for the AI and Preventing Child Exploitation Seminar, presented jointly by the Attorney General Alliance (AGA) and the National Association of Attorneys General (NAA

NAD Recommends More Prominent Disclosures on Influencer Posts

Apr 26th, 2024 3m 59s

April 16, 2024Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin. See the picture below. I tend to go for a more natural look myself, so I can’t imagine how long it takes to apply that makeup or how lo

Maine to Require Telemarketers to Check Reassigned Number Database

Apr 25th, 2024 2m 46s

The governor of Maine recently signed an amendment to the state’s telephone solicitation law that will make it mandatory for telephone solicitors to check against the Federal Communications Commission’s (FCC’s) reassigned number database “to v

Federal Court Unpacks Challenge to Fishy Environmental Claims

Apr 23rd, 2024 4m 59s

Breaded fish fillets were the latest target of an ESG class action lawsuit examining sustainable certifications, traceability claims, and broad environmental benefit claims for ConAgra’s fish fillets and similar seafood products. The Northern D

Attorney General Alliance Meeting Recap- Focus on Director Chopra's Remarks

Apr 16th, 2024 7m 45s

Last week, state attorneys general (AGs) gathered to discuss Nevada Attorney General and Attorney General Alliance Chair Aaron Ford’s Initiative, focusing on consumer protection education. Attendees heard from many panels discussing topics rang

New York Weight Loss Supplement Law Has Stakeholders Scrambling But Faces Legal Challenges

Apr 15th, 2024 6m 20s

On October 25, 2023, New York enacted GBL 391-oo, which bans the sale of over-the-counter diet pills and dietary supplements intended for weight loss and muscle building to individuals under the age of 18. Covered products include diet pills an

NAD Decision Addresses Expert Recommendations

Apr 12th, 2024 4m 33s

Does Hyaluronic Acid Help to Fight Signs of Aging? At Ad Law Access, we are known just as much for the naturally youthful appearance of our writers as we are known for the quality of our content, so we don’t have any personal experience in this

TSR Updated to Expand Recordkeeping Obligations

Apr 11th, 2024 11m 17s

The beginning of 2024 has brought with it a decided regulatory focus on telemarketing. In the past couple of months, we’ve written about several important FCC actions related to the Telephone Consumer Protection Act (TCPA), namely the adoption

Court Holds Reasonable Consumers Won't be Misled by Sephora's "Clean" Claims

Apr 10th, 2024 4m 11s

Last week, we posted about an NAD decision that provides some helpful guidance for advertisers who want to use the word “clean” to describe their products. One day later, a New York federal court issued a decision in another case involving the

Health Data Privacy- What We're Hearing

Apr 9th, 2024 9m 33s

U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers’ health data need to track and respond to a variety of developments. Most notably, these include Washington

FTC Staff Doubles Down on Rejected Koscot Standard for Pyramiding Claims

Mar 29th, 2024 9m 27s

Over the past two years, we have seen FTC staff express its opinions on the state of the law in multiple ways. In December 2022, for example, staff issued its Health Products Compliance Guidance, intended to supersede the FTC’s 1998 guidance,

Washington State Poised to Launch Artificial Intelligence Task Force

Mar 28th, 2024 5m 49s

As we have previously reported, state attorneys general (AGs) have great interest in artificial intelligence (AI) and we do not see this stopping anytime soon. This time, our focus is on a bipartisan legislative proposal from Washington Attorne

Company Complies with NARB Decision on Review Disclosures After FTC Intervenes

Mar 27th, 2024 4m 19s

Smile Prep operates a website that provides reviews of clear aligners (or “invisible braces”) based on an “extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some of the companies it revie