Ad Law Access

Updates on Advertising and Privacy Law Trends, Issues, and Developments

Blog Authors

Latest from Ad Law Access

CCPA Update: Legislature Amends the CCPA to Exclude Employee Data, B2B Communications for One Year

By Alysa Zeltzer Hutnik on September 15, 2019

Last week, the California legislature voted to send five amendments to the CCPA to the California governor’s desk. The amendments include a one-year exemption for access and deletion rights to employee data and B2B communications; a provision exempting online-only businesses from operating a toll-free number to accept consumer requests; and a new mandate for data brokers to register with the Attorney General’s office. Governor Gavin Newsom has until October 13, 2019 to act on the…

Ad Law Access

FTC Issues Warning Letters to Companies Advertising Their CBD-Infused Products as Treatments for Serious Diseases

By Kristi Wolff & Lee Baumgardner on September 12, 2019

On Tuesday, the FTC issued warning letters to three companies selling CBD products. The companies, which FTC did not identify publicly, allegedly illegally advertised CBD products as being able to treat or cure serious diseases and health conditions without competent and reliable scientific evidence to support such claims. As we have written about previously, FTC and the FDA issued similar joint warning letters to three other CBD sellers earlier this year. According to the…

Ad Law Access

Podcast: Cause Marketing – Commercial Co-Ventures: What You Need to Know Before Getting Started

By Jeff Scurry on September 12, 2019

Consumers increasingly want to feel good about their buying decisions and like-minded companies often look for ways to communicate how they align with consumers in the marketplace through “cause marketing.” Advertising and Marketing and Consumer Product Safety practice groups chair Christie Grymes Thompson covers a specific type of cause marketing – the commercial coventure (CCV) – in the latest episode of the Ad Law Access Podcast, Cause Marketing – Commercial Co-Ventures: What You Need …

Ad Law Access

CCPA Update: With Legislative Session to End Friday, CCPA Amendments Slated for Final Vote

By Alysa Zeltzer Hutnik on September 10, 2019

This week marks the final opportunity for California lawmakers to amend the CCPA before the legislative session closes on Friday, September 13th. The legislative posture of the amendments changed last Friday, when the Senate made changes to all of the active amendments. These bills still require an affirmative vote of both houses this week before they can head to the Governor’s desk for a signature. The Governor then has until October 13th to sign the…

Ad Law Access

Google Presses Pause on Joint Investigation by Agreeing to Record-Setting COPPA Settlement

By Alysa Zeltzer Hutnik, Katie Townley & Lauren Myers on September 6, 2019

The FTC and the New York Attorney General recently announced a record-setting $170 million ($136 million to the FTC and $34 million to the NY AG) joint settlement with Google. The settlement resolves allegations that YouTube violated the Children’s Online Privacy Protection Act (“COPPA”) and is the largest penalty the FTC has ever received in a COPPA case, easily dwarfing the agency’s next-highest $5.7 million settlement with TikTok. In the complaint, the agencies…

Ad Law Access

New NAD Decision Addresses Incentivized Reviews

By Gonzalo E. Mon on September 3, 2019

NAD recently announced a decision involving Pyle Audio’s campaign to generate reviews for its NutriChef brand vacuum sealers. When consumers received their products, they would find a card promising them two rolls of vacuum sealing bags in exchange for leaving a review on Amazon.com. Near that promise, the card included the words “love this” and an image of five stars. The challenger argued that this presentation suggested that consumers had to leave positive reviews in…

Ad Law Access

“Untangling the Knot” or “A Grant of Immunity to Brazen Scammers”? The 7th Circuit Rejects Restitution as a Remedy under Section 13(b) of the FTC Act

By John E. Villafranco & Mindy Pava on August 26, 2019

Last week, the U.S. Court of Appeals for the Seventh Circuit cannonballed directly into the roiling waters of debate over the Federal Trade Commission’s enforcement powers, when it determined in a closely-watched appeal that the agency does not have the right to restitution under the primary provision the Commission uses to attack fraud — Section 13(b) of the FTC Act. The decision is certain to lead to other challenges to the agency’s authority, and has…

Ad Law Access

The First Circuit Reinstates False Advertising Class Action Challenging “Hazelnut Crème” Coffee

By Jaclyn Metzinger & Robert N. Ward on August 16, 2019

Imagine you are perusing the coffee aisle in the grocery store and see a product described as “freshly ground,” “100% Arabica Coffee,” “Hazelnut Crème,” “Medium Bodied,” and “Rich, Nutty Flavor.” Would you think that the coffee contains hazelnuts? Should consumers be expected to consult the ingredient list to clarify any confusion? And what exactly is “Hazelnut Crème?” The First Circuit addressed these issues in Dumont v. Reily Foods Co., in which a split panel concluded…

Ad Law Access

New Hampshire Enacts New Insurance Data Security Law

By Alysa Zeltzer Hutnik, Katie Townley & Lauren Myers on August 14, 2019

Effective January 1, 2020, New Hampshire’s new Insurance Data Security Law will impose certain information security requirements on entities that (1) are licensed under the state’s insurance laws and (2) handle “nonpublic information.” “Nonpublic information” is defined as information that is not publicly available and falls into one of the two following categories: Information that because of name, number, personal mark, or other identifier could identify a consumer when combined with the consumer’s Social Security…

Ad Law Access

CCPA Update: California Senate Committee Approves Privacy Law Amendments

By Alysa Zeltzer Hutnik on August 13, 2019

Amendments to the California Consumer Privacy Act (CCPA) continued to advance on Monday, as the California legislature returned from its summer recess. With just five weeks to go until the September 13th deadline for the legislature to pass bills, and fewer than five months until the CCPA is set to take effect, the Senate Appropriations Committee gave the greenlight to six bills: AB 25, AB 846, AB 1564, AB 1146, AB 874, and AB 1355. …

Ad Law Access

Updates on Advertising and Privacy Law Trends, Issues, and Developments

Blog Authors

CCPA Update: Legislature Amends the CCPA to Exclude Employee Data, B2B Communications for One Year

FTC Issues Warning Letters to Companies Advertising Their CBD-Infused Products as Treatments for Serious Diseases

Podcast: Cause Marketing – Commercial Co-Ventures: What You Need to Know Before Getting Started

CCPA Update: With Legislative Session to End Friday, CCPA Amendments Slated for Final Vote

Google Presses Pause on Joint Investigation by Agreeing to Record-Setting COPPA Settlement

New NAD Decision Addresses Incentivized Reviews

“Untangling the Knot” or “A Grant of Immunity to Brazen Scammers”? The 7th Circuit Rejects Restitution as a Remedy under Section 13(b) of the FTC Act

The First Circuit Reinstates False Advertising Class Action Challenging “Hazelnut Crème” Coffee

New Hampshire Enacts New Insurance Data Security Law

CCPA Update: California Senate Committee Approves Privacy Law Amendments

Company

Support

New to the Network