--- title: "Ad Law News and Views - December 4, 2021" date: 2021-12-04T00:00:00-05:00 author: Import Bot canonical_url: "https://www.kelleydrye.com/viewpoints/newsletters/ad-law-news-and-views/ad-law-news-and-views-december-4-2021" section: Newsletter Issues --- # Ad Law News and Views - December 4, 2021 December 4, 2021 #### UPCOMING EVENTS #### [Updates in Litigation Risks: Product Liability, Private Litigation, and Consumer Class Actions](%5C) ###### Food and Drug Law Institute December 10, 2021”,“Webinar [Donnelly McDowell](%5C) [Register](%5C) #### [The Aftermath of AMG: The Future of FTC Actions and Impact on FDA Enforcement](%5C) ###### FDLI Medical Products Enforcement, Litigation, and Compliance Conference December 10, 2021”,“Webinar [Register](%5C) #### [Grappling with the FTC’s Safeguards: New Requirements and How to Comply](%5C) ###### IAPP Web Conference December 16, 2021 “,“Webinar [Laura VanDruff](%5C) [Register](%5C) #### [TROPT Data Privacy Week 2022](%5C) ###### TROPT January 26-27, 2022”,“Webinar [Alysa Hutnik](%5C) [Register](%5C) #### [Advertising Claims 101 – A Complete Roadmap to a Successfully Substantiated Advertising Campaign](%5C) ###### ACI February 2, 2022”,“Webinar [Gonzalo Mon](%5C) [Register](%5C) #### LATEST UPDATES Get these and other stories in real time when you subscribe to the Ad Law Access blog [here](%5C) or visit the Advertising and Privacy Law Resource Center [here](%5C). #### [NAD Frowns on Byte’s Incentivized Reviews](%5C) As advertisers wait to see what the FTC will do after sending [700 warning letters](%5C) related to influencers and incentivized reviews, the NAD has been resolving disputes on similar issues. This week, NAD announced a new decision involving incentivized reviews. Although the decision is consistent with previous cases in this area, there are some nuances worth exploring. #### [Colorado and Delaware Automatic Renewal Laws Take Effect in 2022](%5C) Subscription services and other automatic renewals continue to be a hot topic, at both the federal and state levels. The FTC recently [announced](%5C) that it was going to increase its enforcement against companies that don’t comply with the law, while various states have been updating or passing new laws. Next up are new laws in Colorado and Delaware. #### [Food Industry Litigation and Regulatory Highlights, October 2021](%5C) Welcome back from the annual food coma known as Thanksgiving dinner. If you’re still dreaming of cranberries, stuffing, and pumpkin pie, continue the gastronomic journey with our monthly wrap up of what’s been going on in the food court, NAD’s opining on use of emojis to convey advertising claims , and highlights from FDA’s recent summit on foods sold in e-commerce. #### [The Deletion of ​“Legitimate Business Activity” from the FTC’s Strategic Plan](%5C) For decades, the FTC has explained that the omission of information can lead to liability. It is also a canon of statutory construction that an amendment helps reveal legislative intent. And of course, your mother put it simply: words that you say (and take back) have meaning. #### [New NAD Case Addresses Green Claims in Fashion Industry: Part 1](%5C) As fashion companies begin to make more claims about what they are doing to help the environment, they need to make sure they’re in good position to support those claims with strong evidence. We previously posted about a pending lawsuit against Allbirds involving its carbon emission claims. In this post, we’ll start to look at what NAD had to say about certain product content claims and aspirational claims made by Everlane. #### [Opioids: State Attorney General Marketing Enforcement Under Attack?](%5C) November has been an active month in the years-long litigation of opioid manufacturers — and it hasn’t been good for the theories put forth by Attorneys General and local governments. On November 1, Orange County Judge Peter Wilson, in litigation brought by Orange, Santa Clara, and Los Angeles Counties, along with the City of Oakland, ruled completely in favor of the defendants, several opioid manufacturers. And then on November 9, the Oklahoma Supreme Court overturned the $475 million verdict against opioid manufacturer Johnson & Johnson. Does this signal a weakening of state and local government authority to pursue these actions? Not likely. #### [Some fireworks at Bedoya’s Senate confirmation hearing, but confirmation still seems likely](%5C) On November 17, the Senate Commerce Committee held its eagerly-awaited hearing on the nomination of Alvaro Bedoya, a data privacy academic from Georgetown Law, to be FTC Commissioner. Bedoya is slated to replace Rohit Chopra, who departed the agency last month to become Director of the CFPB, and Bedoya’s appointment would once again give the Democrats a voting majority. In the run-up to his hearing, some have wondered – Can we expect Bedoya to provide Chair Khan with a reliable third vote for her agenda, or will he bring a more bipartisan approach to the agency? From his answers and demeanor at the hearing, the answer is probably…both. #### [Commissioner Christine Wilson Excoriates The FTC Chair’s Agenda in ABA Fall Forum Speech](%5C) Last week. FTC Commissioner Christine Wilson delivered a speech with a title that made clear she intended to speak her mind: The Neo-Brandeisian Revolution: Unforced Errors and the Dimunition of the FTC. **Kelley Drye attorneys and industry experts provide timely insights on legal and regulatory issues that impact your business. Our thought leaders keep you updated through** [**advisories and articles**](%5C)**,** [**blogs**](%5C)**,** [**newsletters**](%5C)**,** [**podcasts**](%5C) **and** [**resource centers**](%5C)**.** [**Sign up here**](%5C) **to receive our email communications tailored to your interests.** ****Follow us on** [**LinkedIn**](%5C) **and** [**Twitter**](%5C) **for the latest updates.**** #### TOP READS IN OCTOBER - #### [TCPA Tracker - October 2021](%5C) - #### [FTC Blankets Companies With Warning Letters Over Endorsements and Reviews](%5C) - #### [NAD Addresses Green Claims About Current Practice and Future Goals](%5C) - #### [FTC Chair Khan’s Vision for Privacy – and Some Dissents](%5C) - #### [FTC Threatens 70 Colleges with Civil Penalties in Attempt to Resurrect Penalty Offense Authority](%5C) - #### [Flexing the Agency’s Muscles: What FTC Notice of Penalty Offenses Really Means for Advertisers](%5C) - #### [It Ain’t Easy Being Yeezy: California Sues Kanye West’s Apparel Brand for Alleged Shipping Delays](%5C) - #### [CPRA Update: How to Prepare for Privacy Compliance as an Employer](%5C) - #### [Chopra, Khan, Slaughter Take Control of the Federal Trade Commission](%5C) - #### [California Updates its Automatic Renewal Law](%5C) - #### [Next Up – Earnings Claims: Notice of Penalty Offenses Sent to 1,100 Direct Selling Companies and Others in the Gig Economy](%5C) - #### [FTC to Increase Enforcement on Subscription Services](%5C) - #### [Read This Before Scanning A Driver’s License In New Jersey](%5C) - Share this entry - - - - - [ View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/ad-law-news-and-views-december-4-2021-20240522123423.pdf) ### Related Services - [California Consumer Privacy Act (CCPA)](https://www.kelleydrye.com/trending/california-consumer-privacy-act-ccpa) - [Dietary Supplements and Functional Foods](https://www.kelleydrye.com/industries/dietary-supplements-and-functional-foods) - [Consumer Class Action Defense](https://www.kelleydrye.com/practices/consumer-class-action-defense) - [Advertising and Marketing](https://www.kelleydrye.com/practices/advertising-and-marketing) - [Antitrust](https://www.kelleydrye.com/practices/antitrust) - [Consumer Product Safety Regulation](https://www.kelleydrye.com/practices/consumer-product-safety-regulation) - [Privacy and Information Security](https://www.kelleydrye.com/practices/privacy-and-information-security) - [Food and Drug](https://www.kelleydrye.com/industries/food-and-drug)