March 6, 2021


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Dietary Supplement and Personal Care Products Regulatory Highlights – February 2021

Our monthly roundup of regulatory and litigation highlights impacting the dietary supplement and personal care products industries.  Sit back, relax, and enjoy the read.  February was a short month, with a lot going on.

Two’s Company: Virginia Has a Comprehensive Data Privacy Law

On March 2, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law, making Virginia the second state to enact comprehensive privacy legislation.

Chopra Navigates Questions and Predicts Priorities at Friendly CFPB Nomination Hearing

President Biden’s nominee to serve as CFPB Director, Rohit Chopra, testified in front of the Senate Banking Committee about his potential regulatory and enforcement priorities as head of the consumer finance regulator. As we previously discussed, President Biden tapped Chopra, three years into his tenure as FTC Commissioner, to serve as Director of the CFPB. 

NAD Releases Tips for Influencer Marketing

The NAD released five tips on influencer marketing. Here are the tips, followed by some of our own observations.

Prospects Rise for Antitrust and Data Legislation

Displaying bipartisanship seldom seen on Capitol Hill, the Antitrust Subcommittee of the House Judiciary Committee held a hearing on Reviving Competition in which Democrats and Republicans appeared to agree on crucial issues. Subcommittee Chairman David Cicilline and Ranking Member Ken Buck echoed one another on the need for reforms, while many members of the full Judiciary Committee, including Chairman Nadler and Ranking Member Jordan, weighed in with their own support for writing new laws on Big Tech.

Legal Download Podcast: Maryland's Controversial Tax on Digital Advertising Explained

Tax partner Andrew Lee breaks down what you need to know about the State of Maryland’s first-of-its-kind legislation imposing a Digital Advertising Gross Revenues Tax, overriding a prior veto of the legislation by Maryland Governor Larry Hogan. 


A collection of the top older reads this past week:

Penn State Football’s Super Bowl Claims Flagged on Social Media

State Privacy Bills Gain Momentum

Dietary Supplement and Personal Care Products Regulatory Highlights – January 2021

Food Litigation and Regulatory Highlights – January 2021

House Democrats Primed to Introduce 13(b) Legislative Fix

You Can Hide Your COVID-Brows, But Don’t Hide COVID Fees

ICYMI: The FTC Has Civil Penalty Authority Relative To COVID-Related Advertising

Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit

Peloton Faces Uphill Ride on “Ever-Growing” Claims

California OEHHA Explains Decision to Rescind Proposed

Biden EPA Continues Aggressive Enforcement Against Disinfectant Products and UV Devices Claiming to Kill Coronavirus

Biden Taps Rohit Chopra, Current FTC Commissioner and Vocal Proponent of Aggressive Enforcement, to Lead CFPB

Does the NAD’s Capillus Decision Baldly Contradict the FDA?

CARU Previews Changes, Calls for Diversity in Ads

What’s Next Following Enactment of Maryland’s Advertising Tax?

NAD Releases Tips for Influencer Marketing

NAD Addresses Disclosures on Influencer TikTok Videos

New Decision Warns Against Reposting Photos on Social Media

What Happens to the FTC Under a Biden-Harris Administration

FTC Moving Away From “Lax Enforcement” with Made in USA Claims

Consumer Litigation Under the CCPA: A Year in Review

The CCPA Non-Discrimination Right, Explained

The Pink Tax: Discrimination or Actual Differentiation?

Videoconferencing and Potential Security, Confidentiality and Discovery Issues

CCPA Litigation Round-Up: Q3 & Q4 2020

Find these and other stories on the Ad Law Access blog and podcast. Also see the Advertising and Privacy Law Resource Center, available via, our online repository of our thought leadership and resources on subjects that affect our clients day-to-day.


Introduction to Food Law and Regulation: Dietary Supplements

March 18, 2021 | Webinar
Food and Drug Law Institute
Donnelly McDowell

Crystal Ball Gazing: Post-Election Antitrust

March 24, 2021 | Webinar
ABA Antitrust Section Virtual Spring Meeting 2021
Bill MacLeod

Consumer Protection Remedies

March 24, 2021 | Webinar
ABA Antitrust Section Virtual Spring Meeting 2021
John Villafranco

Strategies for Commissioner Meetings in CP Cases

March 24, 2021 | Webinar
ABA Antitrust Section Virtual Spring Meeting 2021
Donnelly McDowell

Hot Topics

March 25, 2021 | Webinar
ABA Antitrust Section Virtual Spring Meeting 2021
Alysa Hutnik


Real Estate Industry Alerts Tracker

The Kelley Drye Real Estate practice group added a useful summary of some of the more significant legal and regulatory developments together with intelligence on emerging market and practice trends as real estate industry professionals begin to develop responses to the fallout from the wide spread economic disruption. If you want to subscribe to Kelley Drye’s Real Estate Industry Alerts email

12th Annual USF Update Webinar

Monday, March 22nd at 12:00pm ET

Please join us on March 22, 2021 for Kelley Drye’s annual webinar discussing the state of the federal Universal Service Fund. This webinar, back for its 12th year, provides an in-depth look at all four USF programs and the USF contribution mechanism, highlighting major developments in the last year and trends for the upcoming year. In addition, this year we will discuss how the ongoing pandemic has influenced the importance of the USF and related policy decisions.

This webinar supplements the knowledge our clients gain from the monthly USF Tracker to provide context and analysis of the issues you need to know.

The 12th Annual Update will address the following, among other topics:
    • The COVID-19 Telehealth Program
    • The Connected Care Pilot and Rural Healthcare Program
    • Lifeline and the Emergency Broadband Benefit (EBB) Program
    • E-Rate Outside the Classroom
    • The Rural Digital Opportunity Fund (RDOF) and Broadband Mapping
    • Rip and Replace
    • Contributions Reform

This unique educational event should be attended by anyone involved in the federal USF programs. Regardless of how you participate in the Federal USF programs today, this webinar will provide new insights and recommendations for making the most of this $9 billion program.