Kelley Drye Ad Law Access Podcast

Hosted by Kelley Drye Advertising Law

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500

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Jun 2026

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About the show

The Ad Law Access podcast, now available daily, is powered by Kelley Drye’s Advertising and Privacy / Data Security teams. Hosted by Simone Roach, the daily podcast complements the award-winning Ad Law Access blog, and provides updates and analysis on advertising, marketing, and privacy / data security law. Please visit the Advertising and Privacy Law Resource Center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center and our award winning blog at https://adlawaccess.com.

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60 recent

June 11, 20263 min

Shutterstock to Pay $35 Million Over Auto‑Renewal and Cancellation Practices

What can a $35 million settlement teach companies about subscription billing, auto-renewals, and cancellation practices? In this episode, we unpack the FTC’s case against Shutterstock, which resulted in one of the agency’s largest recent settlements over alleged negative option marketing violations. The complaint alleges that Shutterstock failed to clearly disclose automatic renewals and cancellation fees, did not obtain consumers’ express informed consent for recurring charges, and made it unnecessarily difficult to cancel subscriptions. As regulators continue to focus on auto-renewal programs, recurring billing, and “click-to-cancel” principles, the case serves as a powerful reminder that businesses must ensure material terms are clear, consent is meaningful, and cancellation is as straightforward as enrollment. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

June 9, 20267 min

FDA Signals Increased Cosmetics Oversight through MoCRA Implementation and Other Regulatory Efforts

What does the FDA’s latest update on cosmetics regulation mean for beauty brands, manufacturers, and marketers? In this episode, we unpack how the FDA is expanding its oversight of the cosmetics industry through implementation of the Modernization of Cosmetics Regulation Act (MoCRA), the most significant overhaul of federal cosmetics regulation in more than 80 years. From mandatory facility registration, product listing, adverse event reporting, and safety substantiation requirements to forthcoming rules on good manufacturing practices, fragrance allergens, PFAS scrutiny, and talc testing, the agency is gaining unprecedented visibility into the cosmetics marketplace. As FDA signals that compliance, transparency, and product safety will remain key priorities, companies should prepare for heightened regulatory, litigation, and reputational risks in an increasingly scrutinized industry. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Cristina Ferretti, and Katrina Hatahet.

May 28, 20262 min

Supreme Court Unanimously Limits State AG’s Subpoena Power Over Donor Information

In this episode, we unpack Washington Attorney General Nick Brown’s lawsuit against Albertsons, Safeway, and Haggen over allegedly deceptive “buy one, get one free” promotions, where the state claims the grocers quietly inflated prices before running BOGO sales and then dropped them afterward, generating nearly $20 million in alleged overcharges across more than 3 million transactions. The case highlights intensifying regulatory scrutiny around pricing transparency, discount advertising, and consumer perception at a time when rising grocery costs are already under the microscope—and serves as a warning that regulators are increasingly willing to challenge whether “free” really means free. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

May 27, 20262 min

Washington AG Targets Grocery Stores Over BOGO Offers

Are grocery store “BOGO” deals really bargains—or just clever price manipulation? In this episode, we unpack Washington Attorney General Nick Brown’s lawsuit against Albertsons, Safeway, and Haggen over allegedly deceptive “buy one, get one free” promotions, where the state claims the grocers quietly inflated prices before running BOGO sales and then dropped them afterward, generating nearly $20 million in alleged overcharges across more than 3 million transactions. The case highlights intensifying regulatory scrutiny around pricing transparency, discount advertising, and consumer perception at a time when rising grocery costs are already under the microscope—and serves as a warning that regulators are increasingly willing to challenge whether “free” really means free. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

May 26, 202615 min

AI Regulatory Roundup- Recent Developments in Colorado, Connecticut, and California

What happens when states stop waiting for Congress and begin building their own AI rulebooks? In this episode, we unpack major AI regulatory developments emerging from Colorado, Connecticut, and California, where lawmakers and regulators are advancing dramatically different approaches to AI governance—from Colorado’s pause on enforcing its landmark AI Act while lawmakers debate a broader overhaul, to Connecticut’s sweeping omnibus bill addressing employment algorithms, companion chatbots, synthetic content labeling, and safe harbor programs, to California’s expanding focus on chatbot disclosures, child safety, and high-risk automated decision-making. As states continue racing to shape the future of AI oversight, one theme is becoming increasingly clear: companies deploying AI systems should expect growing obligations around transparency, documentation, human oversight, and consumer protections long before a unified federal framework arrives. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill.

May 21, 20262 min

Apple Reaches $250M Deal Over AI Claims

What happens when AI marketing moves faster than the technology itself? In this episode, we unpack Apple’s proposed $250 million settlement over claims that it overstated the availability of “Apple Intelligence” features tied to the iPhone 16 launch, including ads suggesting advanced Siri capabilities were “Available Now” even though some features would not arrive until later software updates. The case—following both an NAD challenge and multiple consolidated class actions—highlights the growing legal scrutiny around AI advertising, substantiation, and product availability claims, sending a clear warning to companies eager to promote future-facing AI capabilities before they are fully market-ready. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

May 20, 20262 min

Game Company Hit with $420+ Million False Advertising Verdict

What happens when a jury decides that “fair and skill-based” gaming claims may have been anything but? In this episode, we unpack the blockbuster $420 million false advertising verdict against mobile gaming company Papaya, where competitor Skillz convinced a New York jury that Papaya’s marketing misled users by implying they were competing against real human players of similar skill levels while allegedly relying on bots and manipulated gameplay. The case—one of the largest Lanham Act verdicts in recent memory—highlights the growing legal and reputational risks facing gaming companies that market fairness, transparency, and skill-based competition in an industry already under increasing scrutiny from regulators, competitors, and consumers alike. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

May 14, 202619 min

Privacy Perspectives: State AI Legislation — What's Moving and What It Means

In this episode of Privacy Perspectives, Alex Schneider is joined by Laura Riposo VanDruff, Salim Rashid, and Joseph Cahill for a focused discussion on what has become one of the most active state legislative seasons for AI regulation. The group maps the landscape across five emerging categories of AI bills — companion chatbot disclosures, deepfake and watermarking requirements, frontier model transparency obligations, algorithmic discrimination rules, and AI liability frameworks — and examines what the pace of activity means for companies trying to build durable compliance programs. They also talk about Colorado’s recently passed SB 189, which is effectively a repeal and replacement of the original Colorado AI Act, what changed, what was removed, and the associated compliance planning challenges. ABOUT THE SPEAKERS Alex Schneider Special Counsel, Advertising and Privacy Group aschneider@kelleydrye.com (202) 342-8634 www.kelleydrye.com/people/alexander-i-schneider Laura Riposo VanDruff Office Managing Partner of the firm’s Washington, D.C. office and former Chair of the firm’s Advertising and Marketing practice group lvandruff@kelleydrye.com (202) 342-8435 https://www.kelleydrye.com/people/laura-riposo-vandruff Salim Rashid Associate srashid@kelleydrye.com (202) 342-8473 https://www.kelleydrye.com/people/salim-rashid Joseph Cahill Associate (202) 945-6626 https://www.kelleydrye.com/people/joseph-cahill RESOURCES Subscribe to the Ad Law Access blog: www.kelleydrye.com/subscribe Subscribe to the Ad Law News newsletter: www.kelleydrye.com/subscribe Visit the Advertising and Privacy Law Resource Center: www.kelleydrye.com/advertising-and-privacy-law Find all of our links here: linktr.ee/KelleyDryeAdLaw

May 7, 20268 min

FTC Oversight Hearing- What Ferguson’s Testimony Means for AI, Pricing, and Privacy Compliance

What does the FTC’s top leadership really think about AI, surveillance pricing, and the future of privacy enforcement—and how much of that will translate into action? In this episode, we unpack key takeaways from the Senate Commerce Committee’s April 2026 oversight hearing featuring FTC Chairman Andrew Ferguson, where lawmakers pressed on rising concerns around personalized pricing, data-driven market practices, and the agency’s role in regulating emerging technologies. With Ferguson emphasizing that the FTC is a law enforcer—not a broad economic regulator—while signaling potential guidance on pricing disclosures, continued focus on children’s privacy, and possible consent decree reforms, the discussion highlights a pivotal moment for businesses navigating AI, pricing, and privacy compliance in an uncertain regulatory environment. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Joseph Cahill.

May 6, 202611 min

NAAG Annual Conference 2026- Pricing & Priorities

What are state attorneys general really focused on when it comes to pricing—and how far are they willing to go? In this episode, we break down key takeaways from the NAAG Annual Conference 2026, zeroing in on a standout panel exploring the rapidly evolving world of data-driven pricing—from dynamic and surge pricing to the more controversial concepts of surveillance and algorithmic pricing. As AGs grapple with whether existing consumer protection and antitrust laws can keep pace with algorithm-driven markets, the discussion highlights growing tensions around transparency, competition, and consumer perception, as well as the expanding role of state enforcement even in the absence of new legislation. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.