ARTICLE
1 September 2025

Ad Law News And Views - July 2025

KD
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.
Whether you're road-tripping to the beach, commuting to the office, or trying to stay cool by the pool, summer is the perfect time to catch up on the podcasts piling up in your queue.
United States Texas Media, Telecoms, IT, Entertainment

Whether you're road-tripping to the beach, commuting to the office, or trying to stay cool by the pool, summer is the perfect time to catch up on the podcasts piling up in your queue.

From celebrity banter and song-inspired storytelling to history deep dives and work-life insights, some of our Ad Law team members have rounded up their latest podcast obsessions and recommendations—just in case you're looking for something new to fill those long summer days.

Of course, no summer playlist would be complete without the Ad Law Access Podcast. From a recent NAD decision about a TikTok video to the debut of our brand new podcast miniseries Privacy Perspectives, our latest episodes keep you current on all things advertising and privacy law.

UPCOMING EVENTS

Hawaii – Attorney General's Office and Office of Consumer Protection

Webinar: Wednesday, August 20, 2025 | 3:00 pm – 4:00 pm ET

Join us for the next webinar in our 2025 State AG Webinar series on consumer protection priorities, where we welcome guest speakers Christopher J.I. Leong, Supervising Deputy Attorney General, Commerce and Economic Development Division, State of Hawaii Department of the Attorney General, and Mana Moriarty, Executive Director, Office of Consumer Protection.

This webinar is unique in nature, as our special guests, who come from separate entities, coordinate very closely in overlapping areas of consumer advocacy and work together to enforce consumer protection laws and safeguard the rights and interests of Hawaii residents. Their areas of collaboration include:

  • Legal enforcement
  • Consumer restitution
  • Multi-state actions
  • Legislative and policy support
  • Consumer education and outreach

Join us as we hear how both approach consumer protection issues from a different–and yet very similar–lens.

Adtech Privacy Pain Points: Top Takeaways for Effective Opt-Out Compliance

Webinar: Thursday, August 21, 2025 | 1:00 pm – 2:00 pm ET

As privacy enforcement ramps up, effectively managing opt-out requirements under state privacy laws is a top risk mitigation measure. Without a robust backend framework, businesses may find themselves out of compliance and exposed to legal claims that they have not discontinued the sale, sharing, or use of personal data for targeted advertising.

Join Kelley Drye Partner and Privacy Chair Alysa Hutnik and Special Counsel Céline Guillou and Alex Schneider as they unpack the top compliance pain points and share actionable steps to close opt-out gaps. Topics will include:

  • Accurately classifying and managing data flows involving sale/share/targeted ads
  • Tools and strategies to track consents and opt‑outs across platforms
  • Techniques for systematic monitoring and auditing of your opt‑out framework
  • Best practices for training teams and embedding compliance into corporate culture

Register now to learn how to apply a comprehensive strategy that ensures consumer choices are honored, and regulatory risks are minimized.

IN THE NEWS AND LATEST UPDATES

State AGs and Consumer Protection: What We Learned From ... Nevada

In a recent webinar hosted by Kelley Drye, Nevada Attorney General Aaron D. Ford and Chief Deputy of Consumer Protection Mark Krueger shared valuable insights into best practices for engaging with the office, Nevada's consumer protection laws, and key priorities of the office. Here's a recap of what we learned.

MAHA Movement Continues to Invite Significant Change for Food Regulation at Federal and State Levels

Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has launched a number of initiatives that target certain types of food products and ingredients. The changes invited by the so-called "MAHA" or "Make America Healthy Again" movement have not been limited to the federal level – with certain states passing or proposing legislation banning or limiting the use of certain foods and ingredients, or requiring warning labels akin to California's Proposition 65.

Private Right of Action Exposure Increase: Texas Expands Damages for Telemarketing Violations Effective September 1, 2025

A bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state's telemarketing laws. The changes adopted impact provisions of the Texas Business and Commerce Code.

FTC Warns Manufacturers and Retailers About Made in USA Claims

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as "Made in USA" Month. Because Hallmark still hasn't printed greeting cards to commemorate the month, the FTC celebrated by sending warning letters, instead.

NAD Decision Leaves Unanswered Questions About Content Creator Disclosures

P&G filed an NAD challenge against Dr. Squatch over posts that the company's influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a commission on purchases of Dr. Squatch products that are made through their affiliate links. The challenged posts included a disclosure that stated: "creator earns commission."

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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