ARTICLE
28 March 2025

Ad Law News And Views - January/February 2025

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Kelley Drye & Warren LLP

Contributor

Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
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United States Media, Telecoms, IT, Entertainment

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IN THE NEWS AND LATEST UPDATES

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AGs Ask Congress to Take Further Action on ORC

If you have been following our blogs, it should be no surprise that the Attorneys General remain focused on combatting Organized Retail Crime (ORC) using available state and federal tools.

The Attorneys General of Connecticut, Georgia, Illinois, and South Carolina co-led a bipartisan letter joined by 34 other Attorneys General (AGs) to encourage Congress to help "combat the nationwide organized retail crime epidemic" as retailers across the country have been forced to close stores due to financial losses and physical dangers from crime. These store closures, the AGs explain, often result in underrepresented communities losing access to necessary consumer goods.

Multistate Coalition Files Amicus Brief Warning Against Efforts to Dismantle the CFPB

Last week, a coalition of all 23 democratic attorneys general filed an amicus brief in the U.S. District Court for the District of Maryland warning against efforts by the Trump Administration to defund and disband the Consumer Financial Protection Bureau (CFPB). The brief comes in the wake of the outgoing CFPB's call for state action, in a foreshadowing of events to come.

NAD Holds Celebrity Social Media Posts Need Disclosures

Under the FTC's Endorsement Guides, influencers and celebrities have to disclose any material connection they have to the brands they promote "when a significant minority of the audience for an endorsement does not understand or expect the connection." That leaves open the possibility that there are instances in which a connection is so obvious to almost everyone, that it doesn't need a disclosure. A pair of recent NAD cases show how just how narrow that exception is.

NARB Disagrees with NAD on who the "Big Guys" Are

As its first policy initiative under Chair Andrew Ferguson, the FTC announced a Request for Information (RFI) "to better understand how technology platforms deny or degrade users' access to services based on the content of their speech or affiliations, and how this conduct may have violated the law."

FTC Takes Step to End "Tyranny of Big Tech" with RFI

As its first policy initiative under Chair Andrew Ferguson, the FTC announced a Request for Information (RFI) "to better understand how technology platforms deny or degrade users' access to services based on the content of their speech or affiliations, and how this conduct may have violated the law."

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