Kelley Drye Ad Law Access Podcast Kelley Drye Advertising Law

Last week, the FTC released an updated version of its Complying with the Made in USA Standard business guide. The heart of the guidance remains the same: if you expressly or implicitly state that a product is Made in the USA without any qualification, the product must be ​“all or virtually all” made in the USA.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-updates-made-in-the-usa-guidance

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576
www.kelleydrye.com/people/gonzalo-e-mon

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Last week, a coalition of 22 state AGs filed an amicus brief in support of a Federal Trade Commission (FTC) cease-and-desist order that prohibits tax software giant Intuit (the creator of TurboTax) from certain advertising practices relating to its free tax preparation software. Intuit asserts that the FTC’s decision is not supported by substantial evidence because its conduct was not deceptive. Further, Intuit argues that the FTC made legal errors in applying deceptive business practices standards. For example, Intuit asserts that the FTC improperly applied an unprecedented, heightened deception standard to advertisements containing a ​“free” message. In addition, since Intuit reached a prior multistate settlement, Intuit argues that the FTC Order should be overturned. In 2022, a coalition of 50 states and the District of Columbia secured $141 million from Intuit as part of a settlement that resolved state investigations into claims that Intuit deceptively marketed and advertised TurboTax.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-support-ftc-enforcement-action-against-intuit

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

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

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As we previously reported, the California AG’s office recently provided clarification through FAQs on the California ​“hidden fee” law that amended the Consumer Legal Remedies Act, SB 478. Those FAQs articulated the position that restaurants must include all mandatory fees, including service charges and mandatory gratuity, as part of the displayed price for a product, while distinguishing delivery fees on the grounds that those fees are for a separate service.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-junk-fee-statute-now-fully-in-play-with-new-twist-from-last-minute-legislation

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
https://www.kelleydrye.com/people/donnelly-l-mcdowell

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

On July 29, 2024, the FTC’s revised Health Breach Notification Rule (HBNR) takes effect. The Rule requires vendors of personal health records (PHRs) and related entities not covered by HIPAA to notify individuals, the FTC, and in some cases, the media in the event of a breach of unsecured personal health data. Businesses operating a wide array of services, including health, diet, and fitness apps should take care to review the revised HBNR and assess its applicability to their practices.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-updates-to-the-health-breach-notification-rule-mean-for-your-business

Aaron Burstein
aburstein@kelleydrye.com
(202) 342-8453
https://www.kelleydrye.com/people/aaron-j-burstein

Alex Schneider
aschneider@kelleydrye.com
(202) 342-8634
https://www.kelleydrye.com/people/alexander-i-schneider

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

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We often get questions from clients about whether they can use content they find on social media. In response, we’ll usually walk them through options to get consent, which can range from relatively informal options (such as getting consent through messages on the social media platform) to the more formal options (such as getting a signed release). Although there are different ways to approach this issue, a recent lawsuit in California illustrates some of the challenges.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-decision-addresses-consent-to-use-photos-on-social-media

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576
www.kelleydrye.com/people/gonzalo-e-mon

Mike Zinna
mzinna@kelleydrye.com
(973) 503-5964
https://www.kelleydrye.com/people/michael-j-zinna

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Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

The Attorney General Alliance (AGA) hosted its 2024 Annual Meeting this June, bringing together State AGs, staff, and industry for discussions on a number of topics important to AGs, including AI (again), nonpartisan cooperation, partnering with criminal law enforcement including in the fight against fentanyl, supporting small businesses and free enterprise, and protecting America’s youth. We provide some highlights below.

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

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

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