Kelley Drye Ad Law Access Podcast

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 [email protected] (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 [email protected] (202) 342-8435 https://www.kelleydrye.com/people/laura-riposo-vandruff Salim Rashid Associate [email protected] (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

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.

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.

What happens when the FTC launches a nationwide crackdown on products claiming to be “Made in the USA”? In this episode, we unpack the agency’s latest enforcement sweep targeting companies accused of making deceptive origin claims, why the FTC continues to treat unqualified “Made in USA” representations as a top consumer protection priority, and what marketers, manufacturers, and retailers need to know about the strict “all or virtually all” standard behind those claims. As regulators intensify scrutiny of domestic sourcing messages, businesses should be reassessing whether their patriotic branding can stand up to legal challenge. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

In this episode, we unpack the launch of the Institute for Responsible Influence’s new certification program, a self-regulatory initiative designed to train creators on FTC endorsement rules, advertising standards, and responsible brand partnerships while giving certified influencers a seal of approval and access to a searchable database for brands. As trust concerns continue to shadow the fast-growing creator economy, the program raises timely questions about whether industry-led certification and ongoing oversight can help close the gap between marketing reach and consumer confidence. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

What if the price you see online isn’t just based on supply and demand—but on what an algorithm thinks you are willing to pay? In this episode, we unpack the fast-rising controversy over “surveillance pricing,” the practice of using consumer data, algorithms, and AI to tailor prices to individual shoppers based on factors like browsing history, location, or inferred willingness to pay. We explore how this differs from ordinary dynamic pricing, why lawmakers and regulators are raising concerns about transparency, fairness, and discrimination, and how states like New York and California are leading a growing wave of disclosure laws, proposed bans, and investigations. For businesses relying on data-driven pricing tools, the message is clear: pricing strategies are quickly becoming a major privacy, consumer protection, and antitrust risk area. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Alexander I. Schneider, and Joseph Cahill.

In this episode, we unpack the FDA’s latest enforcement wave targeting GLP-1 “dupes,” where companies have been marketing unapproved injectable products as “research use only” or “not for human consumption,” while simultaneously providing dosing instructions, testimonials, and other signals of intended human use. The FDA’s message is increasingly clear: it will look beyond disclaimers and focus on how products are actually marketed and used, treating misleading labeling as a potential violation of drug laws and a serious public health risk as scrutiny of compounded and unapproved GLP-1 products continues to intensify. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell and Cristina Ferretti.

What if canceling a subscription had to be just as easy as signing up for one? In this episode, we break down New York City’s proposed “click-to-cancel” rule, a sweeping effort by the Department of Consumer and Worker Protection to crack down on subscription “tricks and traps” by requiring clear disclosures, simple and symmetrical cancellation mechanisms, and the ability to cancel through the same channels used to enroll—all while banning obstacles that delay or frustrate consumers. With potential fines starting at $525 per violation and restitution tied to failed cancellation attempts, the proposal signals a more aggressive, city-level push to regulate negative option marketing in the absence of a finalized federal rule. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Beth Bolen Chun.

What happens when a spike in gas prices crosses the legal line from market fluctuation to potential price gouging? In this episode, we unpack Connecticut Attorney General William Tong’s declaration of an “abnormal market disruption,” a move that triggers the state’s price gouging protections and makes it unlawful for anyone in the fuel supply chain to charge “unconscionably excessive” prices during the disruption period. With the announcement tied to rapidly rising wholesale gas prices amid an international crisis—and backed by coordinated monitoring and enforcement from multiple state agencies—the episode explores how these laws work in practice, why businesses across the distribution chain should take notice, and how state AGs may take an increasingly expansive view of pricing enforcement in volatile markets. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.

In this episode, we unpack how the MAHA movement is accelerating change across the food industry, from FDA’s new enforcement stance on “no artificial colors” claims and its push toward natural color additives, to retailer action like Target’s decision to stop selling cereals containing synthetic dyes—putting fresh pressure on manufacturers to rethink formulation, labeling, and marketing strategies before regulatory shifts, private litigation, and shelf-space demands collide. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Katie Rogers, and Cristina Ferretti.

What does the privacy industry’s biggest conference reveal about where compliance is headed next? In this episode, we break down key takeaways from the IAPP Global Privacy Summit 2026, from the FTC’s signals that remedies will be judged by whether they actually solve the harm at issue, to the rapid shift in state AI legislation toward narrower, risk-based rules focused on transparency, accountability, youth harms, and high-risk use cases. We also examine California’s expanding DELETE Request and Opt-out Platform (DROP), which has already processed more than 262,000 deletion requests, and why the summit made one thing clear: in 2026, regulators increasingly expect privacy and AI compliance programs to work in practice—not just on paper. Hosted by Simone Roach. Based on a blog post by Joseph Cahill and Laura Riposo VanDruff.

In this episode, we unpack a recent NAD decision involving Dorel Juvenile Group’s AI-powered CryAssist technology and the growing scrutiny around how companies market AI-enabled features, highlighting NAD’s practical framework for substantiating AI claims—from training data and model validation to proving the technology performs as advertised in the actual product sold. With CARU also weighing in on notice, consent, and children’s privacy considerations, the case offers a timely roadmap for advertisers navigating the legal, compliance, and reputational risks of promoting AI-driven products. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

In this episode, we unpack the Trump Administration’s March 13 executive order directing the FTC to prioritize Made in USA enforcement, why that matters even after a relatively quiet year for major FTC actions, and what it signals for advertisers, manufacturers, online marketplaces, and government contractors facing renewed scrutiny over origin claims, substantiation, and potential penalties. With the administration also urging broader agency action on country-of-origin labeling and marketplace verification, companies should be reassessing whether their “Made in USA” messaging can stand up to a tougher enforcement environment. Hosted by Simone Roach. Based on a blog post by Alexander I. Schneider and Christie Grymes Thompson.

What do 100-plus lawsuits and a last-minute legislative fix say about the future of email marketing in Washington? In this episode, we break down Washington’s amendment to its Commercial Electronic Mail Act, a fast-moving response to a surge of litigation after the state supreme court’s Old Navy decision, and explore how the new law lowers statutory damages from $500 to $100 per message while adding a knowledge standard that requires plaintiffs to show senders knew—or reasonably should have known—that subject lines were false or misleading. With the changes taking effect June 11, 2026, the update offers important relief for marketers while leaving plenty of compliance risk still on the table. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

What happens when state attorneys general decide the DOJ’s antitrust fix doesn’t go far enough? In this episode, we break down the growing split in the Live Nation-Ticketmaster litigation as more than two dozen bipartisan state co-plaintiffs reject the Justice Department’s tentative settlement—arguing that measures like divesting booking agreements, opening up ticketing access, and capping certain fees still fall short of addressing Live Nation’s market power—and continue pressing for broader structural relief, including a potential Ticketmaster divestiture. The dispute offers a vivid example of how state AGs are increasingly willing to chart their own course when they believe federal regulators are settling for less than full accountability. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

What do California’s latest privacy settlements tell us about where enforcement is headed next? In this episode, we unpack the California Privacy Protection Agency’s newest CCPA actions against PlayOn Sports and Ford, which reinforce a clear message: opt-out rights must be easy to exercise, free of unnecessary friction, and fully effective in practice—from rejecting cookie banners with an “accept all” option but no equally simple “decline all” choice to prohibiting identity verification steps that can delay or derail opt-out requests. As the CPPA continues to zero in on dark patterns, opt-out preference signals, and real-world functionality, companies should be paying close attention to how their privacy choices are designed, disclosed, and implemented. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein, Alysa Z. Hutnik, and Meaghan M. Donahue.

What does Vanguard’s $29.5 million settlement tell us about the growing legal and political fight over ESG investing? In this episode, we break down a first-of-its-kind agreement between Vanguard and 13 Republican state attorneys general that partially resolves a multistate antitrust lawsuit alleging major asset managers used their holdings in coal companies to influence output and strategy under the banner of ESG—while also examining the broader implications for asset managers, proxy voting, and the increasingly aggressive state-level scrutiny of ESG-related investment activity as claims against BlackRock and State Street move forward. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

What happens when state AGs decide that predictive markets, casino apps, and loot boxes look a lot more like gambling than gaming? In this episode, we unpack a fast-moving wave of state enforcement as attorneys general scrutinize Kalshi’s predictive markets, Washington’s lawsuit against casino app operators Playtika and Aristocrat, and New York’s suit against Valve over loot boxes—signaling that companies offering chance-based online games, especially those involving virtual currency, item value, or youth audiences, may face growing legal risk under state gambling and consumer protection laws. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.

Connecticut’s latest privacy enforcement report offers a clear warning: regulators expect privacy compliance programs to be operational, not just on paper. In this episode, we unpack what the state’s 2025 CTDPA Enforcement Report reveals about rising scrutiny around consumer rights requests, privacy notices, cookie banners, opt-out preference signals, children’s data, and health and genetic data — along with legislative recommendations that could further tighten the rules. For legal, compliance, and marketing teams, the report is a practical roadmap for where privacy enforcement is headed and what businesses should be reviewing now to reduce risk. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Alysa Z. Hutnik, Andrea deLorimier.

A growing wave of class actions under Washington’s Commercial Electronic Mail Act is putting marketers on notice. In this episode, we break down the surge of more than 60 lawsuits challenging allegedly misleading email subject lines, the recent court rulings rejecting CAN-SPAM preemption and dormant commerce clause defenses, and the proposed Washington legislation that could narrow liability and limit remedies — even retroactively. For legal, compliance, and marketing teams, it’s a timely reminder that promotional email copy can create significant litigation risk and that now is the time to revisit subject-line review practices. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

The FTC may be signaling a more data-driven approach to privacy and data security enforcement. In this episode, we break down key takeaways from the Commission’s recent workshop on how it evaluates consumer harms and benefits — including what Chairman Ferguson’s remarks may mean for future enforcement and how the agency appears to be weighing privacy risks against the economic benefits of data-driven advertising and innovation. For legal, compliance, and marketing teams, the discussion is a useful reminder that privacy and adtech scrutiny may increasingly turn on whether companies can substantiate both consumer harms and consumer benefits with real evidence. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Joseph Cahill.

A golf industry rivalry has teed off in court. TaylorMade has sued competitor Callaway, alleging that sales representatives, ambassadors, and influencers conducted UV-light demonstrations suggesting TaylorMade golf balls had paint imperfections that could cause poor performance — even calling them “mud balls.” TaylorMade argues the demonstrations are misleading and unrelated to real-world performance, claiming the visual differences simply reflect cosmetic additives like UV brighteners rather than quality or flight characteristics. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

California’s DELETE Request & Opt-Out Platform (DROP) is about to go live — and businesses that act as data brokers will need to be ready. DROP will serve as a one-stop mechanism for consumers to submit deletion requests under the California Data Broker Registry law, and brokers will be required to register with the platform, access it regularly, and delete personal information that matches consumer requests. In this episode, we break down what DROP is, key operational and timing considerations, and best practices to help ensure compliance once the system becomes available. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein and Céline Guillou

The National Advertising Division has weighed in on how advertisers can and cannot make “1+” claims — statements that imply consumers will get at least a certain quantity (e.g., “1+ hours of battery life”) — holding that such claims must be accurately supported and not deceptive when the “+” is not meaningfully substantiated. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon

States are increasingly regulating ultra-processed foods (UPFs) — and West Virginia’s new law banning additives in school foods (with broader statewide application coming soon) offers a window into how consumer protection intersects with public health. In this episode, we go over key takeaways from our recent webinar, exploring the debate over UPFs, what makes a product “ultra-processed,” the constitutional and evidentiary challenges facing such laws, and why regulators and advocates are pushing this agenda.

A bipartisan coalition of 40 state attorneys general has sent a letter urging Congress to pass the Senate’s Keeping Online Safe Act (KOSA), highlighting concerns about harmful online content, algorithmic amplification, and gaps in current federal law that they say leave consumers — especially children — vulnerable. In this episode, we unpack why AGs are aligning behind KOSA, what provisions they support (such as transparency requirements, safety standards, and age-appropriate protections), and how this push reflects broader state and federal interest in regulating online platforms. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier

South Carolina is on the verge of becoming the latest state to adopt an Age-Appropriate Design Code modeled on the U.K.’s landmark child-safety framework. In this episode, we break down the Code’s key components — including prescriptive design, data minimization, privacy protections, and risk assessments for services used by children — and how it fits within the national trend of expanding protections beyond COPPA. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill

App store age assurance laws are rapidly evolving, and they’re not disappearing any time soon. In this episode, we unpack why states like Utah, Texas, and now California are pushing forward with age assurance frameworks that require operating systems and developers to collect and act on age information — and why these laws continue gaining traction despite legal challenges. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Paul L. Singer, and Alexander I. Schneider

In this episode of Privacy Perspectives, Alex Schneider is joined by Whitney Smith, a partner in Kelley Drye's Litigation practice group. Together, they discuss a wave of new privacy litigation related to wiretapping claims under the California Invasion of Privacy Act, or CIPA. The speakers cover key takeaways from the cases that have been brought under CIPA, trends in the health privacy litigation space, and the potential effects of pending legislation.

A coalition of 35 state attorneys general sent a letter to leading generative AI developers expressing concern that companies are not sufficiently addressing explainable AI (xAI) and transparency in AI systems, particularly in how consumers understand automated decision-making and the extent to which models can be interrogated or explained. The states urge developers to improve model explainability, disclose how decisions are made, and enhance documentation around training data, safety guardrails, and risk mitigation, signaling that black-box AI won’t satisfy emerging expectations. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier

A messy battle in the self-cleaning litter box market has spilled into federal court. Meowant alleges that rival PetPivot enlisted TikTok influencers to post fake or misleading reviews claiming Meowant’s products malfunction — while directing viewers to PetPivot’s TikTok Shop. The complaint asserts unfair competition, false advertising, defamation, trademark dilution, and tortious interference, and seeks injunctive relief and damages. In this episode, we unpack what the case signals for brands working with influencers. Even if a company doesn’t script or directly control influencer content, regulators like the FTC and NAD have made clear that brands can still be held responsible. The dispute serves as a reminder that influencer oversight, clear guidance, and monitoring aren’t just best practices — they may be critical to staying out of court. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

Regulators are stepping up scrutiny of AI chatbots and companion AI technologies, with state attorneys general pushing companies to strengthen safety measures for kids and California advancing the Leading Ethical AI Development (LEAD) for Kids Act, which would restrict how companion chatbots interact with minors. At the same time, AGs urged OpenAI to “amplify safety” in response to concerns about inappropriate content and risks to youth, highlighting how AI oversight is moving beyond traditional privacy and consumer protection frameworks. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill.

A growing wave of class actions under Washington’s Commercial Electronic Mail Act (CEMA) is putting email marketing practices under scrutiny — with plaintiffs alleging that misleading subject lines, like false urgency around sales end dates, violate state law and can trigger statutory damages per email sent. In this episode, we break down recent filings, the legal theory behind CEMA claims, and why marketers and compliance teams should rethink how they communicate promotions to Washington consumers to avoid costly exposure. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon

The Center for Industry Self-Regulation (CISR) has launched the Institute for Responsible Influence, a new initiative aimed at promoting ethical, transparent, and accountable practices in influencer marketing and brand-partner relationships. The Institute will develop best-practice frameworks, provide training and resources, and encourage collaboration among industry stakeholders to elevate standards for disclosure, authenticity, and consumer trust in influencer-driven campaigns. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

State attorneys general capped 2025 with a $4.25 million multistate settlement with Menards over deceptive “11% rebate” marketing that allegedly misled consumers into thinking they were getting point-of-sale discounts when the benefit was actually deferred merchandise credit — and set the stage for evolving pricing scrutiny in 2026. Alongside the settlement, the Colorado AG signaled enforcement priorities under the state’s new deceptive pricing law, including clear total price disclosures and fair allocation methods in contexts like tenant utility billing. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Joseph Cahill.

As AI features proliferate in consumer products, the National Advertising Division is sharpening its focus on how those features are marketed. In a recent NAD decision involving Horizon Brands’ Tiny Traveler AI Classic Baby Monitor, the NAD reviewed “AI-powered” claims and found that advertisers must have a real basis for AI assertions and clearly disclose technological limitations on emotion and motion detection to avoid misleading consumers. This episode highlights why substantiating AI-related claims matters now more than ever for legal, compliance, and marketing teams navigating AI marketing claims. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

In this episode of Privacy Perspectives, Alex Schneider is joined by Laura VanDruff and Paul Singer to discuss the fast evolving landscape of App Store age assurance laws and their implications for companies across the digital ecosystem. The conversation focuses on the Texas App Store Accountability Act, which was recently blocked from taking effect on First Amendment grounds, and what that decision means for similar laws in other states, including Utah, Louisiana, and California. Alex, Laura, and Paul examine why App Store based age assurance remains a live issue despite the injunction, particularly given the political pressure to address children’s access to online content and the operational challenges of site by site age verification. The speakers explore how App Store age signals could expand compliance obligations under COPPA and state privacy laws, including for companies that do not direct their services to children or teens. They also discuss the tension between child safety objectives and privacy interests, the role App Stores may play as access gatekeepers, and the uncertainty companies face as technical standards, APIs, and enforcement expectations continue to evolve. The episode concludes with a forward looking discussion of regulatory trend lines, likely next steps at the state and federal levels, and why companies should focus on good faith efforts, privacy by design, and preparation rather than assuming injunctions signal the end of scrutiny.

The FCC has extended its waiver of the TCPA’s “Revoke All” consent-revocation mechanism and adopted key reforms to the Robocall Mitigation Database rules, including updated requirements for voice service providers and new deadlines for filing attestations and supporting documentation. These changes reflect the FCC’s ongoing effort to balance consumer protection from illegal robocalls with practical compliance timelines for providers navigating authentication, mitigation, and traceback obligations. Hosted by Simone Roach. Based on a blog post by Alysa Z. Hutnik and Jennifer Rodden Wainwright.

A recent National Advertising Division (NAD) decision sends a clear signal on how competitors should and shouldn’t use price comparisons in advertising. In the challenge between Etekcity and Renpho over “list” and “strikethrough” pricing on smart scales, NAD held that list prices must reflect bona fide, appreciable prices actually offered in the recent course of business and warned that “limited time deals” must truly be limited in time. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

A coalition of 22 Democratic state attorneys general filed a lawsuit in federal court against CFPB Acting Director Russell Vought and the Federal Reserve Board, alleging that the refusal to request statutorily required funding and to maintain key consumer complaint and mortgage data systems unlawfully interrupts state access to critical tools used in investigations and enforcement. The complaint asserts multiple violations of the Administrative Procedure Act and separation-of-powers principles, and highlights how states rely on CFPB resources like the Consumer Response System and Home Mortgage Disclosure Act data to pursue discrimination and consumer protection cases. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier.

From viral social-media-driven theft spikes to long-running emissions deception allegations, state attorneys general capped 2025 with two high-profile multistate settlements against major car manufacturers, resulting in millions of dollars in consumer relief and compliance commitments. A 35-state coalition secured a $9 million deal with Hyundai and Kia over allegedly inadequate anti-theft technology and related disclosures, and a broad coalition of 50 states resolved claims with Mercedes-Benz over hidden emissions defeat devices — illustrating that AG offices remain aggressive in protecting consumers from safety risks and deceptive practices across the automotive sector. For legal, compliance, and marketing teams, these settlements signal that multistate enforcement isn’t limited to traditional product defects but extends to safety-critical and environmental representations, and that companies should be prepared to address social media effects on product misuse, transparent disclosures, and evolving AG expectations. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Brianna Robinson.

The FTC has begun issuing warning letters to companies that may be violating the new Consumer Review Rule, signaling the agency’s intent to enforce the sweeping prohibition on practices that mislead consumers about the ability to leave honest reviews (such as gag clauses, pay-for-delete offers, and review manipulation). These warnings underscore that enforcement is not hypothetical — companies should be actively auditing review, testimonial, and ratings practices across all platforms to ensure compliance before formal actions begin. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

A federal court has temporarily blocked enforcement of West Virginia’s law banning certain food dyes—a key provision of the state’s ultra-processed foods legislation—after the International Association of Color Manufacturers challenged the statute as arbitrary and lacking scientific support. The ruling highlights the constitutional and evidentiary hurdles states may face when regulating additives in food. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Paul L. Singer, and Andrea deLorimier

State attorneys general set the tone for 2026 at the final December NAAG Capital Forum in Washington D.C., highlighting how AG enforcement and policy priorities will evolve — from tech and youth safety to antitrust, preemption issues, and rising consumer costs. Panels emphasized bipartisan collaboration, creative uses of state authority, and proactive engagement with businesses, while previewing Connecticut AG William Tong’s 2026 initiative focused on Driving Down Costs for American Families and spotlighting actions on pricing, healthcare consolidation, junk fees, and more. For legal, compliance, and marketing teams, this episode offers a strategic snapshot of where multistate enforcement and regulatory focus are headed — signaling the issues most likely to shape investigations, litigation, and enforcement in the year ahead. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier

A bipartisan coalition of state attorneys general recently secured a $7 million multistate settlement with Greystar — the nation’s largest landlord — in ongoing antitrust actions tied to the use of RealPage’s algorithmic pricing software, requiring Greystar to curb use of tools that leverage nonpublic data to recommend rents and cooperate with continued litigation against other landlords while the states press forward in parallel actions. For legal, compliance, and marketing teams, this highlights heightened state antitrust scrutiny of algorithmic pricing and data-driven competitive practices across industries, reinforcing that enforcement can continue even after related federal or class action resolutions. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.

The latest episode explores how a bipartisan coalition of 36 state attorneys general is again pushing back against proposed federal efforts to ban state-level AI laws, sending a policy letter through the National Association of Attorneys General to oppose language in the National Defense Authorization Act that would undercut states’ ability to regulate artificial intelligence in areas like consumer protection and child safety. This standoff highlights persistent federal-state tension over AI governance and why legal, compliance, and marketing teams should track both state and federal developments — especially as states seek to act quickly to fill gaps left by slower national regulation. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier.

The Biden Administration’s latest Executive Order on AI aims to curb a growing patchwork of state-level artificial intelligence laws by directing a DOJ “AI Litigation Task Force” to challenge conflicting state rules, prompting states to signal they’re prepared to fight back and underscoring that federal-state AI regulatory tensions are far from settled. For legal, compliance, and marketing teams, this development highlights the importance of monitoring evolving AI obligations at both the state and federal level — even as the Order itself doesn’t immediately change compliance requirements — because how it’s implemented (and potentially litigated) could significantly affect where and how businesses must comply with AI-related regulation. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Ioana Gorecki.

The National Advertising Division recently tackled disclosure practices on TikTok Shop, where Procter & Gamble challenged Blueland’s influencer promotions for allegedly failing to make paid relationships clear; some influencers buried #BlueLandPartner tags in captions or omitted disclosures in video content, prompting Blueland to agree to clearer, more prominent disclosures, while NAD also found that TikTok’s “creator earns commission” tag can suffice for affiliate posts. For legal, compliance, and marketing teams, this underscores the importance of tailoring disclosure instructions to influencer relationships and platform formats to meet FTC and NAD expectations for transparency. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

The FTC may be quietly reviving its controversial Click-to-Cancel rule — and companies with subscription or auto-renewal programs should take notice. After the Eighth Circuit vacated the original rule on procedural grounds, consumer groups petitioned the FTC to reopen the rulemaking, and the Commission has now invited public comment, signaling that federal scrutiny of cancellation practices is far from over. For legal, compliance, and marketing teams, this development underscores the ongoing risk around negative-option offers and the need to evaluate enrollment disclosures and cancellation flows now, not later. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Donnelly L. McDowell, and Aaron J. Burstein.

In a landmark settlement announced this week, Tyson Foods agreed to stop marketing its beef products as “climate-smart” or promising “net-zero by 2050” unless those claims are first verified by an independent expert. The agreement — resolving a consumer-protection lawsuit brought by Environmental Working Group (EWG) — prohibits Tyson from making or repeating such environmental claims for the next five years unless they rest on substantiated science. For companies, the takeaway is clear: sustainability and climate-related marketing must now meet a high bar. Legal, compliance, and marketing teams should scrutinize such claims for evidentiary support and be ready for third-party verification — even in the absence of regulator-driven enforcement. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Katie Rogers.