Ad Law Access
Updates on advertising law and privacy law trends, issues, and developments
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Latest posts
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Pennsylvania Enacts an AI Ad Disclosure Law: What Companies Need to Know Before December 21
Pennsylvania recently joined the group of states regulating AI in advertising when Governor Josh Shapiro signed the Artificial Intelligence Deceptive Advertising Act (SB 806) into law. The law takes effect December 21, 2026, so companies have less than two months to prepare.…
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Webinar - The Future of State AG Enforcement: An Exit Interview with the Oklahoma Attorney General and First Assistant
Join us for the next webinar in our series featuring Oklahoma Attorney General Gentner Drummond and First Assistant Attorney General Amie Ely for a discussion of the office’s enforcement priorities, significant matters and evolving role in regulation and law enforcement. They’ll…
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Shopper Files Class Action Over Pickup Fees
How companies disclose prices and fees remains a hot topic. Recent years have brought new state laws, regulatory challenges, and plaintiffs’ lawsuits. The latest example is a suit against Stop & Shop filed in Massachusetts federal court this month. According to the complaint,…
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NAD Addresses Whether Advertisers Can Use AI to Substantiate Claims
In a recent NAD case, hearing aid maker Sonova challenged a series of claims that competitor Starkey made about its Omega AI hearing aid. The decision covers a lot of ground—including what constitutes an ad and how companies should substantiate preference claims—but this post…
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Indiana Joins the Email Subject Line Litigation Wave
We’ve written extensively about the wave of email marketing lawsuits in Washington and noted that we were starting to see ripples in other states, including California and Maryland. (Read my Law360 article if you need to get up to speed.) Now, marketers can add Indiana to the…
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New Chambers Guide Examines Key Advertising and Marketing Law Developments for 2026
As advertising, privacy, and consumer protection requirements continue to evolve, companies face increasing compliance, enforcement, and litigation risks. To help businesses navigate this changing landscape, Kelley Drye attorneys authored the Chambers & Partners Advertising and…
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NAD Decision Addresses Disclosure of Optional Fees
We’ve written various posts looking at how companies disclose mandatory fees. But what about fees that are optional? A new NAD decision tackles that question. Through its routine monitoring program, NAD reviewed how Virgin Voyages disclosed service gratuities in its booking…
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FCC Revises TCPA Consent Revocation Rules: Exclusive Opt-Out Methods, Category-Specific Revocations, and Other Key Changes
On September 30, 2026, the Federal Communications Commission (FCC) unanimously approved a Report and Order (R&O) to revise the FCC’s rules related to revocation of consent for calls and texts pursuant to the Telephone Consumer Protection Act (TCPA). The R&O overhauls rules…
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FTC Puts Auto Pricing Guidance into Action in Settlement with Florida Dealership Group
Just three weeks after the FTC released its FAQs on auto pricing , the Commission announced a new enforcement action settling allegations related to many of the very practices that guidance addresses. Specifically, last week, the FTC filed a complaint and stipulated order in the…
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When Agency Guidance Isn’t Enough: How the Seventh Circuit’s Chobani Decision Impacts Food Manufacturers and Others
The Seventh Circuit’s July 2026 decision in Franco v. Chobani, LLC is interesting for several reasons for ad law followers and enthusiasts, and it has already spurred multiple follow-on class actions challenging “zero sugar,” “no added sugar,” and similar claims on products…
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Costco Agrees to Pay $14M to End a CEMA Subject Line Lawsuit
Ever since the Washington Supreme Court issued its decision in Brown v. Old Navy, we’ve been writing about the surge of lawsuits under Washington’s Commercial Electronic Mail Act (“CEMA”). A statute that sat largely unnoticed for years has suddenly become one of the hottest…
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Can a Disclosure on the Back of the Package Save a Claim on the Front?
We’ve posted about cases in which courts have ruled that a disclosure on the back panel of a package can’t save a misleading claim on the front panel. As the court in an earlier case put it: “You cannot take away in the back fine print what you gave on the front in large…
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State AG Webinar: What We Learned About … Robocall Enforcement
On September 23, 2026, representatives from three state attorneys general offices joined Kelley Drye for a webinar focused on the enforcement activities of the multistate Anti-Robocall Litigation Task Force. The panelists, including Tracy Nayer, Special Deputy Attorney General…
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FTC Says Fees Were Hidden in the Last Line on the Eye Chart
The FTC, joined by Nevada and Utah, has filed a complaint against Lens.com, alleging that the online contact lens retailer used deceptively low prices to attract shoppers and then added substantial mandatory charges later in the checkout process. According to the complaint,…
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Reining in CIPA “Abuse”: S.B. 690 Becomes Law and Fixes Key CIPA Provision
Whitney Smith , Alexander Schneider , Gregory Berman , and Lakshmi Sanmuganathan released the client advisory, "Reining in CIPA “Abuse”: S.B. 690 Becomes Law and Fixes Key CIPA Provision." The advisory covers California's S.B. 690, signed by Governor Newsom on September 30,…
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Kid Influencers: Same Rules, Younger Audience
Last week, CARU announced a new decision involving kid influencers. As part of its routine monitoring, CARU found posts from kid influencers that promoted Coco Vida clothing on Instagram. Although the company had hired the influencers to post content, CARU was concerned that the…
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NAD Reviews Discount Claims
Although we’ve seen a steady stream of litigation in recent years focusing on how companies advertise sales, sales haven’t been a hot topic in NAD cases. Last week, however, NAD announced a decision involving Guardian Bikes’ sale practices. Notably, the case was initiated by NAD…
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FTC and 23 States Sue Amazon Over Alleged $20 Billion Ad Fraud
The FTC, joined by 22 state attorneys general, recently filed a sweeping lawsuit against Amazon, alleging that the e-commerce giant secretly manipulated its advertising auction system to extract more than $20 billion from approximately 1.2 million advertisers over six years.…
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California Enacts a “Synthetic Performer” Law
On June 9, 2026, a New York law that requires companies to “conspicuously disclose” when their ads include any “synthetic performer” took effect. Yesterday, California passed a similar law. Although the two laws share a similar goal, California’s law contains several notable…
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FTC Releases FAQs on Auto Pricing: What Dealers and Advertisers Need to Know
If you’re a dealer, an ad agency handling automotive accounts, or in-house counsel advising automotive clients, the Commission’s latest guidance on auto pricing transparency deserves a careful read. The guidance echoes familiar principles we’ve heard in other areas from federal…