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

3 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

7 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

8 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

11 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)

13 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

16 days ago 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

17 days ago 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

19 days ago 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

26 days ago 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

27 days ago 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

NAD Decision Addresses Influencer Disclosures

Mar 26th, 2024 3m 28s

Last week, NAD announced a decision involving a challenge that a competitor brought against Wonderbelly involving (among other things) an influencer campaign.https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-addresses-inf

NAD Provides Guidance on "Clean" Claims

Mar 21st, 2024 3m 44s

In a recent decision, NAD notes that “clean” claims are “ubiquitous in the beauty industry.” Despite that, the term doesn’t have a clear definition and reasonable minds can disagree over exactly what it means. That creates a challenge for adv

NY Attorney General Sues JBS Over Greenwashing

Mar 15th, 2024 3m 38s

Last year, a trade association challenged aspirational claims that JBS – the world’s largest producer of beef products – was making about its commitment “to be net zero by 2040.” NAD determined that although the company had taken steps that m

Senate Confirms New FTC Commissioners Holyoak and Ferguson; Reconfirms Slaughter

Mar 14th, 2024 3m 22s

After nearly a year without a Republican Commissioner after Christine Wilson’s resignation, the FTC will again have a full slate of five Commissioners – with two new Republican Commissioners in Melissa Holyoak and Andrew Ferguson confirmed last

FCC Adopts Changes to TCPA Consent Revocation Rules

Mar 5th, 2024 12m 45s

At its most recent open meeting on February 15, 2024, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt yet another round of rule changes related to the Telephone Consumer Protection Act (TCPA). These rule cha

What We Learned from ... New York

Mar 1st, 2024 6m 54s

As New York lawmakers consider legislation that would give the Attorney General broad new powers to target “unfair” trade practices, we brought the first installment of our 2024 Attorney General Webinar Series to the Empire State.https://www

FTC Announces $2 Million Penalty over Made in USA Claims

Feb 29th, 2024 3m 50s

I’ve never owned a tractor, but based on Kenny Chesney’s 1999 hit She Thinks My Tractor’s Sexy, I understand that some people find them to be quite alluring. (The same goes for farmer’s tans, but that’s more relevant to this post.) It’s not cle