Kelley Drye & Warren LLP

NAD Considers Whether “Number 1” Claims Can Be Qualified Can a brand qualify a #1 claim with a footnote? DREO advertised itself as the No. 1 Fan and Heater Brand in the U.S., but Lasko challenged the claim, providing market data showing it holds the highest sales volume. DREO countered that its claim was limited to Amazon U.S. Retail Sales during a specific period—but was that qualification enough? Read more in the latest Ad Law Access post from Gonzalo Mon: https://lnkd.in/epbVHykC #AdvertisingLaw #ConsumerProtection #KelleyDrye #NAD #MarketingClaims

You Should Look at Your Data Privacy Lawyer as Your Best Friend, Not Your Buzzkill. At AdExchanger's recent CTV Connect conference, Alysa Hutnik of Kelley Drye shared a perspective that needs to be emphasized more often. "There are lots of ways to use data in the right way and not have any legal issues." The landscape has fundamentally shifted in ways many marketers haven't fully absorbed: → Regulators are actively testing opt-outs and privacy controls as consumers themselves → The "grace period" for privacy law compliance has long expired → Arguments like "we don't use PII" no longer hold water when you're using any identifiers for audience matching Some practical advice for both sides: For business leaders: Make your privacy lawyer a stakeholder in product development. Asking questions early is infinitely cheaper than regulatory remediation later. For lawyers: Get comfortable with ad tech. As Hutnik noted, "If you don't understand a business, you can't give good legal advice." The most successful organizations are creating cross-functional dialogues where privacy experts and business innovators collaborate rather than collide. What's your experience? Has integrating legal expertise early in your process created better outcomes or merely slowed innovation? #PrivacyCompliance #AdTech #MarketingLaw #DataPrivacy #CTV [At Secure Privacy Consult, we provide comprehensive data protection consultancy to help businesses stay ahead of evolving compliance requirements. No matter where your business is located, our global team of privacy experts ensures that your data is secure, your operations are compliant, and your reputation is protected. Learn more: https://lnkd.in/dCudH9ss ]

Firings of Democratic Commissioners Leave Federal Trade Commission In Flux and Tee Up Revisiting of Humphrey’s Executor President Trump’s removal of FTC Commissioners Alvaro Bedoya and Rebecca Slaughter raises major constitutional and operational questions. While the commissioners plan to challenge their dismissals, the broader issue may land before the Supreme Court, potentially leading to the overturning of Humphrey’s Executor—a ruling that has long upheld the independence of agencies like the FTC, SEC, and FCC. In the meantime, the FTC faces an uncertain path forward. Without Democratic commissioners, dissenting opinions may disappear, and state attorneys general could step in to fill enforcement gaps. The long-term impact remains to be seen, but the stakes for independent agencies have never been higher. See the latest from Donnelly McDowell: https://lnkd.in/gqV2MzKT #FTC #RegulatoryLaw #IndependentAgencies #ConsumerProtection #KelleyDrye

Can Two Federal Trade Commission Commissioners of the Same Party Constitute a Quorum? President Trump’s removal of Democratic FTC Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter has left only two Republican members—Chair Andrew Ferguson and Commissioner Melissa Holyoak—raising critical questions about the agency’s ability to act. FTC rules require a majority of sitting commissioners for a quorum, but whether two members of the same party can meet this threshold remains uncertain. A similar 2017 vote could set a precedent, but legal challenges seem likely. Meanwhile, Bedoya and Slaughter are contesting their dismissal in court, potentially leading to a broader Supreme Court review of independent agency protections. See the latest from John Villafranco and Andrea deLorimier: https://lnkd.in/gF7gD-Fu #FTC #RegulatoryLaw #ConsumerProtection #KelleyDrye

NAD Combs Through #1 Claims The National Advertising Division (NAD) recently reviewed Simpler Hair Color’s (SHC) advertising claims that its products are “Rated #1 Men’s Hair Color” and “Rated #1 Men’s Hair & Beard Color” based on Trustpilot verified reviews. Combe, a competitor, challenged the claims, arguing that Trustpilot does not have a formal category for men’s hair color and that SHC’s rankings were self-determined rather than based on an actual Trustpilot ranking. This isn’t the first time NAD has rejected Trustpilot-based #1 claims. If you’re relying on review sites for comparative advertising, take note. Read Gonzalo Mon's post here: https://lnkd.in/eNjwTFnW

Kansas Seeks to Stop Ford County From “Usurping” its Sovereignty The State of Kansas has stepped in to challenge Ford County’s role in a class action against plastics manufacturers, arguing that the county is overstepping its authority. The case highlights ongoing tensions between states and their political subdivisions when it comes to large-scale consumer and environmental litigation. • Kansas intervened in the Missouri-based lawsuit, asserting that Ford County lacks authority to sue on behalf of all Kansans • The state argues that allowing the case to proceed could undermine its ability to bring similar claims in the future • The court granted Kansas’s motion to intervene, with a separate motion to dismiss now pending This case is part of a larger trend of cities and counties asserting claims traditionally brought by states, raising key questions about authority, settlement negotiations, and enforcement priorities. Read the full article from Paul Singer, Beth Chun, Abigail Stempson, and Andrea deLorimier: https://lnkd.in/ennEjC4K #ConsumerProtection #StateAGs #LitigationTrends #KelleyDrye

Privacy, Consumer Protection, and State AG Enforcement Action: What to Expect in 2025 An important 6-minute listen. As state privacy laws expand and enforcement ramps up, businesses need to be prepared for the evolving regulatory landscape. Nineteen comprehensive privacy bills have already been introduced in ten states this year, signaling that consumer protection remains a top AG priority. Your host, Simone Roach, delivers insights from Paul Singer, Chris Tarbell, and Meaghan Donahue Giaccia on this Ad Law Access Podcast: https://lnkd.in/eNRpZ2rS #PrivacyLaw #ConsumerProtection #StateAGs #DataPrivacy #KelleyDrye

𝗪𝗮𝘀𝗵𝗶𝗻𝗴𝘁𝗼𝗻 𝗔𝗚’𝘀 𝗕𝗮𝗿𝗸 𝗛𝗮𝘀 𝗦𝗼𝗺𝗲 𝗕𝗶𝘁𝗲 – 𝗔𝗱 𝗟𝗮𝘄 𝗔𝗰𝗰𝗲𝘀𝘀 𝗣𝗼𝗱𝗰𝗮𝘀𝘁 𝗘𝗽𝗶𝘀𝗼𝗱𝗲 The Washington Attorney General’s Office has reached a $3.75 million resolution in its nearly two-year lawsuit against Puppyland, alleging unfair and deceptive sales and marketing practices. The case highlights key enforcement trends under the state Consumer Protection Act. On this episode of the Ad Law Access Podcast, host Simone Roach delivers insights from Paul Singer, Abigail Stempson, Beth Chun, and Jack Quaglino on what businesses need to know about this case and its broader implications. Listen now: https://lnkd.in/eR86Y9aP #ConsumerProtection #AdLaw #StateAGs #KelleyDrye #Podcast

Two Class Actions Challenge Substantiation for Lemme’s GLP-1 Daily Supplement Two new class action lawsuits are taking aim at Kourtney Kardashian’s Lemme GLP-1 Daily supplement, questioning the scientific support behind its weight-loss claims. The lawsuits, filed in California and New York, allege that the product’s claims about boosting GLP-1 production and reducing hunger may lack sufficient clinical backing. • Does “clinically studied” imply “clinically proven”? Courts often require extrinsic evidence to challenge substantiation claims, but there may be exceptions for “establishment claims.” • Are individual ingredient studies enough? The lawsuits argue that Lemme’s studies focus on separate ingredients, not the combined supplement. • Could this set a precedent? Increased scrutiny could impact other brands marketing “Ozempic dupes” and similar supplements. • The outcome of these cases could have far-reaching implications for weight-loss supplement marketing. Read more from Katie Rogers, Cristina Ferretti, and Greg Berman: https://lnkd.in/gBYpe6Vb #AdLaw #ConsumerProtection #ClassActions #WeightLossClaims #KelleyDrye

𝗖𝗲𝗹𝗲𝗯𝗿𝗮𝘁𝗶𝗻𝗴 𝗦𝘁. 𝗣𝗮𝘁𝗿𝗶𝗰𝗸’𝘀 𝗗𝗮𝘆 & 𝗢𝘂𝗿 𝟮𝟬𝟮𝟰 𝗜𝗿𝗶𝘀𝗵 𝗟𝗲𝗴𝗮𝗹 𝟭𝟬𝟬 𝗛𝗼𝗻𝗼𝗿𝗲𝗲𝘀! On this St. Patrick’s Day, we’re proud to recognize Bob Bickford, Bill Jackson, Robert LeHane, Michael Lynch, and Eric McClafferty for being named to the 2024 Irish Legal 100! This annual list honors distinguished legal professionals in the U.S. who share a common bond—pride in their Irish heritage. Congratulations to our honorees for their achievements and contributions to the legal profession! Read more: https://lnkd.in/ekjA9y-F #IrishLegal100 #StPatricksDay #LegalExcellence #KelleyDrye