Ad Law Access

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

NAD Decision Provides Guidance on Substantiating AI Claims

At last year’s ANA Masters of Advertising Law Conference, Phyllis Marcus, Vice President of NAD, stated that NAD would closely scrutinize claims related to AI and hinted that new decisions were on the way. We wrote…

Washington Amends State Anti-Spam Law

Last year, the Washington Supreme Court issued a significant  decision  in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales. The Court…

From MAHA to Market: FDA and Some Retailers Announcing New Policies on Colors 

The Make America Healthy Again (MAHA) movement has already prompted notable changes in federal and state food policy and has prompted regulators, plaintiff’s lawyers, manufacturers, retailers, and consumers to take a…

Trump Administration Directs Federal Trade Commission to Prioritize Made in USA Enforcement

On March 13, 2026, President Donald Trump issued an executive order directing the Chairman of the Federal Trade Commission (FTC) to prioritize enforcement of Made in USA claims.   According to the executive order, the…

FDA MAHA Updates: “No Artificial Color” Claims and a New Preservative Safety Reassessment

At the outset of 2026, FDA announced a series of “priority deliverables” for 2026 as part of its Human Foods Program’s (HFP) “critical role in implementing the Trump Administration and HHS Secretary Robert F. Kennedy,…