UPCOMING EVENTS
Navigating Consumer Protection in a Shifting Political Landscape
Wednesday May 7, 2025 | 9:00 a.m. – 1:00 p.m. CT,
Chicago, IL
Join Kelley Drye and our State AG practice group for an engaging
discussion on consumer protection enforcement and the anticipated
priorities for 2025. Our attorneys will share their insights on the
inner workings of AG offices, investigations, and evolving
priorities in a dynamic landscape. Practical guidance on handling
inquiries and building strong relationships with AG offices will
also be given. Guest speakers include Andrea Law, Illinois AGO and
Steve Baker, Former FTC Director and Founder of the Baker Fraud
Report. This in-person event offers a unique opportunity to hear
from consumer protection experts, engage in meaningful dialogue
within a small group setting, and enjoy valuable networking
time.
If you are interested in attending this event, please contact Ann
Koepke.
Health Insights and Beyond: Adtech Privacy Challenges and Opportunities
Wednesday, May 14, 2025 | 12:00 p.m. – 6:30 p.m.
ET, NYC
Join Kelley Drye and the Interactive Advertising Bureau (IAB) for
an in-person afternoon workshop designed to foster in-depth
discussions of state and federal privacy laws relevant to health
information and the challenges of health-related advertising. In
addition to sessions on the law and sensitive personal information
(SPI), our team will work through several practical use cases in
health advertising. Further, guest speakers Ben Chapman, Swoop;
Shubh Sinha, Integral; and Tony Ficarrotta, The NAI, will examine
technology innovations and practices to support health/sensitive
data advertising and Kash Chand, New Jersey Office of Attorney
General; John Eakins, Delaware Department of Justice; and Michele
Lucan, Connecticut Office of the Attorney General will discuss
health advertising and sensitive data from a state regulator's
perspective.
If you are interested in attending this event, please contact Ann
Koepke.
IN THE NEWS AND LATEST UPDATES
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Revolve Faces Class Action Over Influencer Posts
We recently posted about two lawsuits against Celsius and Shein alleging that the companies' influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that their posts were sponsored. The firms behind those two lawsuits have teamed up for a third one, this time against Revolve and three of its influencers: Cindy Mello, Tika Camaj, and Nienke Jansz.
NAD Decision Addresses Review Claims
Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: "210,000+ 5-star reviews of Rascals Products." P&G thought something about that claim smelled funny and challenged that, too.
The Bulk Data Access Rule: What Advertisers Need to Know
On April 11, the Department of Justice issued an extensive set of FAQs on its Bulk Data Access Rule and advised that it "will not prioritize civil enforcement actions against any person for violations" of the Rule through July 8, 2025, "so long as the person is engaging in good faith efforts" to comply with the Rule. (DOJ refers to the "Data Security Program" or "DSP." We refer to "the Rule" to emphasize that it is a legally binding regulation with obligations that extend beyond data protection.)
NAD Decision Addresses Torture Tests
Rascals advertises that the Hydrolock Core in its diapers "holds up to 25 x its weight" and "absorbs 15 x its weight." P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals supported its claims with tests that didn't mirror real-world use. NAD's decision holds valuable lessons for advertisers across industries.
New Jersey Attorney General Sues Discord Over Youth Privacy Practices
Last week, New Jersey Attorney General Matthew J. Platkin announced a lawsuit against Discord, Inc., a popular messaging application provider, for allegedly misleading parents about the efficacy of its safety controls and obscuring risks facing children on the application.
AG CHRONICLES
Be sure to check out AG Chronicles: a monthly newsletter breaking down State Attorneys General consumer protection issues and highlighting news from the states. You may subscribe here.
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