Kelley Drye Advertising Law

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Massachusetts Secures Record Judgment Against Insurance Companies
01/17/2025

Massachusetts Secures Record Judgment Against Insurance Companies

The alleged continuing acts and practices at issue in the case included: False and deceptive advertising related to bundling of products and to health programs such as healthcare sharing ministry programs Marketing and selling specified disease insurance as a substitute for major medical health…

NAD Decision Addresses Content Creators on TikTok
01/15/2025

NAD Decision Addresses Content Creators on TikTok

TikTok offers an affiliate program through which influencers and other content creators can earn commissions by promoting products from various brands through affiliate links in their videos. Marketing experts often caution brands against trying to exercise too much control over this type of…

FTC Puts Pedal to the Metal to Release Proposed Rule on MLM Earnings Claims, Changes to Business Opportunity Rule—but Re...
01/14/2025

FTC Puts Pedal to the Metal to Release Proposed Rule on MLM Earnings Claims, Changes to Business Opportunity Rule—but Republican Commissioners Pump the Brakes in Potential Foreshadowing

The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that according to the FTC’s release “would strengthen the agency’s tools t...

NAD Hears a Dispute Between Two Big (or Maybe Medium) Guys
01/13/2025

NAD Hears a Dispute Between Two Big (or Maybe Medium) Guys

Mahomes scrambles into a T-Mobile store with a “little shimmy, shimmy shake” (like he’s chasing an ice cream truck), holds up an iPhone 16 Pro “like a baby lion,” and then takes T-Mobile’s savings and “calls it a day.” Snoop tells the audience that families who use T-Mobile can save ...

New Target for Prop 65 Plaintiffs: Bisphenol-S
01/08/2025

New Target for Prop 65 Plaintiffs: Bisphenol-S

In addition, on December 12, 2024, California’s Developmental and Reproductive Toxicant Identification Committee (DARTIC), responsible for identifying chemicals that cause cancer or reproductive toxicity under Proposition 65, unanimously voted to list BPS as a male reproductive toxicant.…

New Privacy Laws in 2025: What You Need to Know
12/26/2024

New Privacy Laws in 2025: What You Need to Know

15 Tennessee July 1 Opt-Out Preference Signals : The majority of currently effective state privacy laws require covered businesses to honor opt-out preference signals, such as Global Privacy Control (“GPC”). Consumer Rights : The right to access, correct and delete personal information, and to o...

One Goat, Two Dogs, and Advertising to Children
12/25/2024

One Goat, Two Dogs, and Advertising to Children

Although the TV commercial shows Daisy moving independently and performing those actions without kids touching her, that’s not really how Daisy works. CARU also worried that because the commercial showed Daisy with a yoga mat, kids might think that the yoga mat was included, when it wasn’t.

NAD Announces Increases to Filing Fees for 2025
12/24/2024

NAD Announces Increases to Filing Fees for 2025

Last week, NAD announced an increase for most filing fees, starting on January 1, 2025. Fast-Track SWIFT Annual Revenue Under $250M: $12,000 Annual Revenue Under $5B: $33,600 Annual Revenue Over $5B: $42,400 Fast-Track SWIFT - Disclosure: Flat fee of $11,200 Standard Track Annual Revenue…

CFPB Finalizes Rule to Supervise Digital Wallets and Mobile Payment Apps Ahead of Transition to Trump Administration
12/02/2024

CFPB Finalizes Rule to Supervise Digital Wallets and Mobile Payment Apps Ahead of Transition to Trump Administration

Last Thursday, the Consumer Financial Protection Bureau (CFPB) announced a Final Rule authorizing the agency to supervise and conduct examinations of certain non-bank providers of digital wallets and payment apps for consumers’ general use. Assuming it takes effect and is not overturned or cut…

NAD Decision Offers Guidance on Comparisons Against Categories
11/25/2024

NAD Decision Offers Guidance on Comparisons Against Categories

SharkNinja advertises that its CarpetXpert Deep Carpet Cleaner offers “the best deep carpet cleaning among full-sized deep carpet cleaners.” A disclosure explains that the comparison is based on an industry-standard test against “carpet cleaners above 14 lbs.” Bissell makes the TurboClean…

State Privacy Law Requirements: Instructing Vendors and Partners to Fulfill Deletion and Opt Out Privacy Rights Requests...
11/25/2024

State Privacy Law Requirements: Instructing Vendors and Partners to Fulfill Deletion and Opt Out Privacy Rights Requests

DELETION REQUESTS The state privacy laws generally require a business—also known as a controller—that receives a valid deletion request to delete the personal information it holds about the consumer. Service Providers Service providers that process personal information on behalf of and at the…

With Uncertainty Surrounding the FTC’s Negative Option Rule, New California Requirements Wait in the Wings
11/22/2024

With Uncertainty Surrounding the FTC’s Negative Option Rule, New California Requirements Wait in the Wings

Last Friday, the FTC’s final Negative Option Rule was published in the Federal Register, starting the clock on the effective dates for the agency’s expansive overhaul of requirements related to goods or services sold through any negative option or automatic renewal plan, including free trials,.....

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