Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

The FTC Takes a ShOt at Telehealth Program for Allegedly Deceptive Pricing, Consumer Reviews, and Weight Loss Claims

In an enforcement action akin to an advertising law issue spotting exam, the FTC announced this week a settlement with a telemedicine company and its principals for allegedly using misleading pricing claims that failed…

Eighth Circuit Vacates FTC’s Negative Option Rule

On the metaphorical eve of the July 14 effective date for the FTC’s Negative Option Rule, the Eighth Circuit released an opinion Tuesday vacating the Rule in its entirety. The economy-wide notice, consent,…

FTC (and NAD) Celebrate “Made in USA” Month

On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “Made in USA” Month. Chairman Ferguson noted that in a recent poll, 61% of Americans stated that whether a product was “Made in USA” played a factor in…

FTC Consumer Protection Orders: The Case for a New Sunset Policy

FTC consent orders generally bind businesses for 20 years (in the case of administrative orders) or indefinitely (in the case of federal court orders). In a recently-published white paper, Kelley Drye attorneys John…

Webinar: Navigating the Maze of Influencer Marketing

The FTC’s requirements for influencer campaigns have gotten more complicated, and they aren’t always intuitive. Unfortunately, many companies aren’t complying with the new requirements, leaving them open to challenges.…