Ad Law Access

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

Company Complies with NARB Decision on Review Disclosures After FTC Intervenes

Smile Prep operates a website that provides reviews of clear aligners (or ​“invisible braces”) based on an ​“extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some…

Washington State Poised to Launch Artificial Intelligence Task Force

As we have previously reported, state attorneys general (AGs) have great interest in artificial intelligence (AI) and we do not see this stopping anytime soon. This time, our focus is on a bipartisan legislative…

Court Holds Reasonable Consumers Won’t be Misled by Sephora’s “Clean” Claims

Last week, we posted about an NAD decision that provides some helpful guidance for advertisers who want to use the word “clean” to describe their products. One day later, a New York federal court issued a decision in…

New York Weight Loss Supplement Law Has Stakeholders Scrambling But Faces Legal Challenges

On October 25, 2023, New York enacted GBL 391-oo, which bans the sale of over-the-counter diet pills and dietary supplements intended for weight loss and muscle building to individuals under the age of 18. Covered…

FTC Staff Doubles Down on Rejected Koscot Standard for Pyramiding Claims, Challenges DSSRC IDS Guidance

Over the past two years, we have seen FTC staff express its opinions on the state of the law in multiple ways. In December 2022, for example, staff issued its Health Products Compliance Guidance, intended to supersede…