Ad Law News and Views - January 22, 2022
UPCOMING EVENTS
Privacy Priorities for 2022: Legal and Tech Developments to Track and Tackle
Kelley Drye
January 26, 2022”,“Webinar
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State Attorney General Consumer Protection Priorities for 2022
Kelley Drye
January 27, 2022”,“Webinar
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TROPT Data Privacy Week 2022
TROPT
January 26-27, 2022”,“Webinar
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Advertising Claims 101 – A Complete Roadmap to a Successfully Substantiated Advertising Campaign
ACI
February 2, 2022”,“Webinar
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LATEST UPDATES
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We are proud to announce the expansion of the Ad Law Access podcast, which is now available on a daily basis. Hosted by Simone Roach, powered by Kelley Drye’s Advertising and Privacy / Data Security teams, the daily podcast complements the award-winning Ad Law Access blog, and provides updates and analysis on advertising, marketing, and privacy / data security law.
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Originally launched in 2019, the Ad Law Access podcast has produced popular episodes on the FTC, CCPA, Commercial Co-Ventures, Texting 101, Challenging Competitors’ Claims, Product Origin and Origin Marketing Claims, Influencers and Endorsers, Sweepstakes and Contests, GDPR, and many other topics
Texas AG Sues Google over Misleading Endorsements
When a company uses an influencer or other person to endorse the company’s products, it’s important that endorsement reflects the endorser’s honest opinions, beliefs, or experiences with the products. Of course, in order for that to happen, the endorser must have actually used the products. This week, the Texas Attorney General filed a lawsuit against Google alleging that the company engaged people to provide endorsements for its Pixel 4 phone, even though they had never used it.
Targeted Advertising in the Crosshairs: New Bill Seeks to Ban Many Forms of Targeted Advertising
On Tuesday, Congressional Democrats unveiled a new bill to outlaw a wide swath of targeted advertising. The Banning Surveillance Advertising Act would prohibit ad tech companies from using consumers’ personal information to target ads, with limited exceptions. It also would prohibit advertisers from using third party data, or data about a person’s membership in a protected class, to target ads. The bill would authorize the FTC, state attorneys general, and private litigants to enforce the law, and the FTC to write rules implementing it.
Once Upon a Time in Federal Court
On January 14, so called Pharma Bro Martin Shkreli was found personally liable for antitrust claims brought by the FTC and 7 State AGs. His company Vyera raised the price of medication Daraprim by 4000% after it purchased the drug. The parasitic brain infection the drug treats is especially deadly and according to doctors could only be treated with Daraprim. Shkreli then worked to prevent manufacturers from successfully competing in the generic drug market.
Top Privacy Issues to Watch in 2022
You’ve probably seen a lot of privacy forecasts for 2022 during the past few weeks. Here’s one that reflects the collective thoughts of our diverse privacy team, which includes former high level officials from the FTC and State AG offices, and practitioners who have been advising clients about privacy for over 30 years.
Taking State AGs’ Temperature on Covid Tests
Consumers across the country have been scrambling to get their hands on convenient and quick at-home Covid tests for weeks as the Omicron variant surge has gripped the country. With President Biden’s recent announcement that insurance plans will cover the costs of certain at-home Covid tests that started January 15 and the rollout of hundreds of millions of free tests, this trend is unlikely to wane any time soon. State AGs have taken notice, and we have seen many issue consumer alerts warning consumers about fake tests, illegitimate “popup” Covid test sites, and price gouging.
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