Kelley Drye Ad Law Access Podcast

Hosted by Kelley Drye Advertising Law

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500

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Aug 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

August 31, 20264 min

State Telemarketing Update- What to Know About Changes Coming in Pennsylvania

In this episode, we unpack upcoming developments in Pennsylvania that could reshape compliance obligations for companies that make marketing calls or work with telemarketing partners. As states continue to strengthen their consumer protection and telemarketing requirements, businesses should take a close look at their calling practices, consent procedures, vendor oversight, and compliance programs before the new rules take effect. The changes are another reminder that telemarketing compliance is increasingly a state-by-state challenge, and companies cannot afford to rely on a one-size-fits-all approach. Hosted by Simone Roach. Alysa Z. Hutnik, Jennifer Rodden Wainwright, Brianna Robinson

August 28, 20262 min

When Puffery Gets Sticky

When does harmless puffery turn into a claim that needs proof? In this episode, we unpack a recent NAD decision involving Howies Hockey’s “World’s Highest Quality” advertising claim and why context made all the difference. While NAD found the slogan was puffery when it appeared on its own, the same claim became an objective representation requiring substantiation when placed alongside specific, measurable claims about adhesive strength, durability, consistency, and other product attributes. The decision offers an important reminder for advertisers: even a broad boast may lose its puffery protection when the surrounding context gives consumers a reason to interpret it as a measurable promise about product performance. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

August 27, 20267 min

“Junk Fees” Summer 2026 Roundup Part 1 – Illinois, NYC, and DC

Are “junk fees” about to get even harder to hide? In this episode, we unpack the first installment of Kelley Drye’s Summer 2026 roundup on fee transparency, covering new and proposed developments in Illinois, New York City, and Washington, DC. From Illinois’ new law requiring advertised prices to include mandatory fees, to New York City’s proposed industry-neutral rules targeting surprise charges, and new restrictions affecting certain housing-related fees in DC, the regulatory landscape is becoming increasingly complex. The takeaway for businesses is clear: pricing transparency remains a major priority, and companies should closely examine which fees are mandatory, how they are disclosed, and whether consumers see the full cost before making a purchase. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Paul L. Singer, Beth Bolen Chun, and Gonzalo E. Mon.

August 24, 20263 min

Safeway’s Tempest Over Wine Discounts Survives Motion to Dismiss

When does a wine discount become too good to be true? In this episode, we unpack a court’s decision allowing a lawsuit against Safeway over its wine pricing practices to move forward, after plaintiffs challenged whether the retailer’s advertised discounts were based on genuine former prices. The case highlights a familiar risk in promotional advertising: a “sale” price can create legal exposure if the reference price used to show the discount does not reflect the price consumers actually paid for a meaningful period. As the litigation continues, the decision serves as another reminder that retailers should carefully substantiate comparative and former-price claims before raising a glass to their next promotion. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

August 21, 20265 min

California’s Truth in Recycling Law Hits a Roadblock

In this episode, we unpack a federal court’s decision to temporarily block enforcement of California’s Truth in Recycling law, which was set to become enforceable in October 2026. The court found that challengers were likely to succeed on arguments that parts of the law are unconstitutionally vague and may improperly restrict truthful commercial speech. While the decision does not strike down the law, it puts enforcement on hold and could have broader implications for environmental marketing claims and California’s packaging and producer responsibility requirements. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Katie Rogers, and Dennis Mema.

August 19, 20263 min

Court Distinguishes Between Mandatory and Optional Fees in CA Honest Pricing Law Suit

What makes a fee part of the advertised price, and when can it be treated as optional? In this episode, we unpack a California court’s recent decision interpreting the state’s Honest Pricing Law and its distinction between mandatory fees that must be included in an advertised price and optional charges that consumers can avoid. The case offers important guidance for businesses navigating California’s increasingly strict rules on pricing transparency, particularly when offering add-ons, service fees, or other charges that may arise during the purchasing process. As litigation and enforcement around hidden fees continue to grow, the decision is a timely reminder that how a fee is presented, and whether consumers can truly avoid it, can make all the difference. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

August 18, 20264 min

FDA Advisory Committee Recommends Several Peptides for Compounding for Various Uses Despite Staff Opposition- What Stakeholders Need to Know

What happens when an FDA advisory committee recommends opening the door to peptide compounding, but FDA staff strongly disagree? In this episode, we unpack the FDA Pharmacy Compounding Advisory Committee’s recommendation to add six of seven peptides under review to the 503A Bulks List for uses ranging from obesity and wound healing to insomnia, despite agency staff raising concerns about insufficient safety and effectiveness data, limited clinical evidence, and potential safety risks. We also explore why the recommendations are not a green light for compounding or marketing these substances: FDA must still complete a formal rulemaking process, and the agency is not required to follow the Committee’s advice. For compounding pharmacies, wellness providers, telehealth platforms, manufacturers, and investors, the key takeaway is clear: enforcement risk remains, and caution is still warranted. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell and Cristina Ferretti.

August 11, 202610 min

Summer Edition #3 - Looking Back at July

What did July reveal about the future of advertising law and consumer protection? In this Summer Edition of the Ad Law Access Podcast, we take a step back from the month’s individual developments to explore the bigger trends shaping the legal landscape, from the application of traditional advertising principles to AI claims and growing scrutiny of data-driven and comparative pricing, to the expanding role of state attorneys general in privacy, child safety, affordability, and multistate enforcement. We also examine continued attention on environmental marketing, influencer disclosures, subscriptions, food delivery fees, and practical compliance strategies for businesses. One theme connects them all: the lines between advertising, privacy, consumer protection, and state enforcement are increasingly blurred, creating new compliance challenges for companies navigating today’s rapidly evolving marketplace. Hosted by Simone Roach.

August 10, 20263 min

FTC Files Lawsuit to Stop Subscription Schemes

What happens when the FTC says “cancel” should actually mean cancel? In this episode, we unpack the FTC’s lawsuit against Uber, which alleges the company enrolled consumers in its Uber One subscription without obtaining proper consent, made misleading savings claims, and created an unnecessarily complicated cancellation process despite advertising that members could cancel “anytime.” The case underscores the FTC’s continued focus on subscription practices, automatic renewals, and negative option marketing, reinforcing that clear disclosures, express informed consent, and simple cancellation mechanisms remain core compliance expectations. For businesses offering recurring subscriptions, the lawsuit is another reminder that friction-filled cancellations and deceptive enrollment practices continue to be a major enforcement priority. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

August 7, 20263 min

NAD Reviews Sharp Language in Pricing Claims

What’s the difference between hard-hitting marketing and misleading pricing claims? In this episode, we unpack a recent NAD decision involving Harry’s and Gillette that explores the boundaries of comparative advertising, including when advertisers can rely on regular retail prices instead of temporary promotional discounts and how far they can go with aggressive language like “you’re getting ripped off.” The decision reinforces that comparative pricing claims must be grounded in prices consumers regularly pay, while also signaling that sharp, hyperbolic rhetoric may be permissible when it doesn’t cross the line into false or misleading advertising. For brands engaged in competitive marketing, the case offers valuable guidance on striking the right balance between persuasive messaging and legal compliance. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.