Kelley Drye Ad Law Access Podcast

2024’s National Association of Attorneys General (NAAG) Capital Forum took place December 9-11. The Kelley Drye State AG Practice team was there as the AGs closed out a year of insights, including Oregon Attorney General Ellen Rosenblum’s Presidential Initiative concerning children’s welfare. During the sessions, we heard from two federal agency heads regarding their goals and how they can collaborate with AGs to accomplish them. We also heard from AGs and other notable panelists on topics ranging from charity to national security. Here are some of the highlights. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-close-out-2024-and-preview-2025-at-naag-capital-forum Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

I’ll start by admitting that I don’t know anything about the game of pickleball. Using the word ​“basketball” as an example and working backwards by breaking the word ​“pickleball” into its component parts, I can make an educated guess about what implements are used in the game. But maybe I’d be wrong. That’s why it may make sense to consult experts. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/advertising-lessons-from-the-world-of-pickleball Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw Hosted by Simone Roach

Last year, T-Mobile ran a commercial in which Snoop Dogg breaks down Patrick Mahomes’ ​“top three plays of the day” with additional commentary from influencer Kai Cenat. 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 20% a month ​“versus the other big guys.” Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-hears-a-dispute-between-two-big-or-maybe-medium-guys Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw Hosted by Simone Roach

With the new year just around the corner and eight new privacy laws coming online next year, December is an excellent time for companies to assess their data collection and processing practices, and take stock of any changes needed to meet additional legal requirements. We break down what you need to know as we head into 2025. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-privacy-laws-in-2025-what-you-need-to-know Alysa Hutnik ahutnik@kelleydrye.com (202) 342-8603 www.kelleydrye.com/people/alysa-z-hutnik Aaron Burstein aburstein@kelleydrye.com (202) 342-8671 www.kelleydrye.com/people/aaron-j-burstein Meaghan Donahue mdonahue@kelleydrye.com (202) 945-6622 https://www.kelleydrye.com/people/meaghan-m-donahue Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

Just Play makes Daisy the Yoga Goat, a toy for kids. The company advertises that Daisy has ​“super-soft plush gray fur…and lots of personality” and a recent TV commercial shows Daisy as she independently ​“moves her head, swishes her tail, drinks from her play water bottle, and does downward dog and bird yoga poses.” Change a couple of words and that basically describes my dogs. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/one-goat-two-dogs-and-advertising-to-children Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw Hosted by Simone Roach

FDA issued a final rule today updating the requirements food must meet to be marketed as ​“healthy.” FDA says that a ​“healthy” claim ​“implies that the nutrient content of the food may help consumers maintain healthy dietary practices,” and an update was necessary to ensure that foods described as healthy are consistent with current nutrition science, which has evolved significantly since the last update to the rule in 1994. FDA’s changes to the rule seek to ​“provide additional flexibility, which will result in more foods qualifying to bear the ​‘healthy’ claim.” https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fda-updates-healthy-nutrient-content-claim-for-food Donnelly McDowell dmcdowell@kelleydrye.com (202) 342-8645 www.kelleydrye.com/people/donnelly-l-mcdowell Katie Rogers krogers@kelleydrye.com (202) 342-8455 www.kelleydrye.com/people/katie-rogers Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw Hosted by Simone Roach

DC Attorney General Brian Schwalb recently filed a lawsuit against Amazon for allegedly deceiving some District residents into paying for Prime delivery benefits they are not receiving, in violation of the Consumer Protection Procedures Act (CPPA). The complaint alleges Amazon quietly instituted exclusionary practices in its Prime Membership delivery program for certain ZIP codes in DC starting in 2022, while continuing to charge full subscription fees for consumers living in the ​“excluded” ZIP code areas. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/dc-ag-sues-amazon-for-failing-to-deliver-prime-membership-benefits-for-certain-dc-zip-codes Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun Zach Cihlar zcihlar@kelleydrye.com (212) 808-7525 https://www.kelleydrye.com/people/zach-cihlar Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

If you’ve been on social media lately, depending on your algorithm, you may have witnessed tween influencers touting expensive skincare routines, or commentators lamenting the rise of the Sephora Kid. Before the holiday, Connecticut AG William Tong urged parents to exercise caution regarding anti-aging skincare products that are being marketed to children and teens by influencers on social media. The AG is concerned that many of these products include ingredients that are unsuitable, or even harmful, for kids. The AG also sent a detailed inquiry 21-request ​“letter” (looking similar to a CID) to Sephora asking about how it markets these products to kids. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/connecticut-ag-investigates-skincare-products-marketed-to-kids Gonzalo Mon gmon@kelleydrye.com (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

Yesterday, President-elect Trump announced his picks to round out the Federal Trade Commission for his second administration. Trump tapped current Republican Commissioner Andrew Ferguson to be elevated to chair the agency, and nominated Mark R. Meador to fill the commissioner vacancy that will be left behind upon Chair Khan’s departure. As we previously discussed in a post here predicting what to expect pre- and post-inauguration at the FTC, Chair Khan is expected to announce her resignation prior to Trump’s inauguration on January 20. Even if she did not and made an unusual attempt to hold over into the Trump administration, the Republican-controlled Senate’s anticipated confirmation of Meador would moot the move. Current Democratic Commissioners Slaughter and Bedoya, as well as Republican Commissioner Holyoak, are also expected to remain on the Commission. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/trump-announces-ferguson-to-serve-as-ftc-chair-nominates-meador-for-open-commissioner-spot John Villafranco jvillafranco@kelleydrye.com (202) 342-8423 www.kelleydrye.com/people/john-e-villafranco Donnelly McDowell dmcdowell@kelleydrye.com (202) 342-8645 www.kelleydrye.com/people/donnelly-l-mcdowell Caroline Schmitz cschmitz@kelleydrye.com (202) 342-8459 https://www.kelleydrye.com/people/caroline-t-schmitz Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw Hosted by Simone Roach

Texas Attorney General Ken Paxton, joined by ten other Republican-led states, filed a lawsuit in the U.S. Eastern District of Texas against BlackRock, State Street, and Vanguard, accusing them of illegally conspiring to manipulate coal markets. The 104-page complaint alleges that these investment firms leveraged their substantial ownership stakes in major U.S. coal producers to ​“artificially” constrain the supply of coal, resulting in diminished competition, higher energy prices for consumers, and ​“cartel-level profits” for the defendants. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-combat-esg-multistate-coalition-sues-blackrock-state-street-and-vanguard-for-alleged-antitrust-consumer-violations-in-coal-markets Paul Singer psinger@kelleydrye.com (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer Abigail Stempson astempson@kelleydrye.com (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson Beth Chun bchun@kelleydrye.com (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun Salim Rashid srashid@kelleydrye.com (202) 342-8473 https://www.kelleydrye.com/people/salim-rashid Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw