Ad Law News and Views - 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.
TOP 25 READS FOR FEBRUARY 2021
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 KelleyDrye.com, our online repository of our thought leadership and resources on subjects that affect our clients day-to-day.
UPCOMING EVENTS
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
OTHER KELLEY DRYE NEWS
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 marketing@kelleydrye.com.
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