--- title: "Ad Law News and Views - May 15, 2021" date: 2021-05-15T00:00:00-04:00 author: Import Bot canonical_url: "https://www.kelleydrye.com/viewpoints/newsletters/ad-law-news-and-views/ad-law-news-and-views-may-15-2021" section: Newsletter Issues --- # Ad Law News and Views - May 15, 2021 May 15, 2021 #### LATEST UPDATES Get these and other stories in real time when you subscribe to the Ad Law Access blog [here](%5C). #### [FTC Nominee Lina Khan Sails through Committee with Bipartisan Support While Chopra Awaits Senate Vote for CFPB Director](%5C) The Senate Commerce Committee today voted overwhelmingly to move forward with Lina Khan’s nomination as FTC Commissioner, signaling that Khan is likely to ultimately be confirmed as the youngest Commissioner ever at 32. As we previously discussed [here](%5C), Khan is primarily known as an antitrust scholar advocating for more exacting scrutiny of big tech companies. #### [FTC and Right to Repair](%5C) Companies watching the ​“right to repair” legislation proposed in some states should not lose sight of the federal landscape. Last week the FTC released a bipartisan [report](%5C) concluding that there is ​“scant evidence to support manufacturers’ justifications for repair restrictions.” This will likely add momentum to groups pushing for legislation requiring companies, particularly electronics manufacturers, to create products that people can fix without extra costs or having to purchase special tools. #### [Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – April 2021](%5C) Welcome to our [monthly digest of litigation and regulatory highlights](%5C) impacting the personal care product and dietary supplement industry. April saw a re-emphasis on restriction of COVID-related claims in advertisements for supplements and therapies, developments in various class action cases, including a win for consumers challenging hand sanitizer’s claims of killing 99.99% of germs and a slew of new ​“natural” class actions, and finally a roller coaster ride for the FTC involving major blows and power moves. **TCPA Tracker - April 2021** TCPA ([Telephone Consumer Protection Act](%5C)) Tracker Newsletter is produced to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC. **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.**** IN CASE YOU MISSED IT #### NEW NEWSLETTERS Kelley Drye has recently launched two new newsletters: **[Made in USA Tracker](%5C)** The Made in USA newsletter helps you to monitor and stay up-to-date on Made In USA issues at the Federal Trade Commission **[DirectConnect](%5C)** DirectConnect is our newsletter covering legal and regulatory developments for the direct sales industry. You can subscribe to either newsletter by emailing [jscurry@​kelleydyre.​com](%5C) or by visiting our [Insights](%5C) page. #### PODCASTS **[Privacy Compliance Tech-Tools and Strategies](%5C)** Kelley Drye Partner [Alysa Hutnik](%5C) discusses the state of privacy, tracking, compliance technology and tools, and strategies privacy lawyers and others can use to help do their jobs. As you would expect, there are some practical tips to take away. **[Top Environmental Social & Governance (ESG) Concerns for Corporate Boards](%5C)** Senior Associate [Courtney Kleshinski](%5C) provides a roadmap for boards to take tangible steps towards identifying their [ESG](%5C) goals and start to clearly define what their company stands for beyond maximizing shareholder value. Read our advisory [here](%5C). #### TOP BLOG POSTS A collection of the most read new and old [Ad Law Access](%5C) blog posts: - #### **[Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority](%5C)** - #### **[Ninth Circuit Moves Quickly to Apply AMG](%5C)** - #### **[Videoconferencing and Potential Security, Confidentiality and Discovery Issues](%5C)** - #### **[eHarmony Agrees to Pay up to $2.2 Million to End Auto-Renewal Suit](%5C)** - #### [With a Supreme Court Decision Pending, Will Congress Intervene to Clarify the FTC’s Enforcement Authorities Under 13(b)?](%5C) - #### [Peloton Faces Uphill Ride on ​“Ever-Growing” Claims](%5C) - #### [Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC](%5C) - #### **[Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit ](%5C)** - #### [Amazon Pays $2 Million to Settle Reference Price Allegations](%5C) - #### [Supreme Court Defines ATDS Under The TCPA](%5C) - #### [FTC Files First Case Seeking Civil Penalties For Allegedly Deceptive COVID-19 Advertising](%5C) - #### [Eleventh Circuit Reverses Website Accessibility Decision (and Congress Considers Action)](%5C) - #### [Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?](%5C) - #### [Supreme Court Defines ATDS Under The TCPA](%5C) - #### [The CCPA Non-Discrimination Right, Explained](%5C) - #### [Earth Day = Green Guides](%5C) - #### [Deepfake Best Practices Amid Developing Legal Practices](%5C) - #### **[FDA Is Still Keeping Up With The Kardashians](%5C)** - #### **[The Pink Tax: Discrimination or Actual Differentiation? ](%5C)** - #### **[Read This Before Scanning A Driver’s License In New Jersey](%5C)** - #### **[NAD Addresses Disclosures on Influencer TikTok Videos](%5C)** - #### **[No More Deference for Amazon’s Reference Prices](%5C)** - #### **[The U.S. Approach to Privacy: What Is It, and Where Is It Headed?](%5C)** - #### **[What You Should Know about the FTC’s Mail Order Rule](%5C)** - #### **[New Court Decision Address Manipulation of Reviews](%5C)** - #### **[States Place New Restrictions on Collection Efforts and Outbound Calls Amidst COVID-19 Pandemic](%5C)** - #### **[New Decision Warns Against Reposting Photos on Social Media](%5C)** - #### **[FTC Moving Away From ​“Lax Enforcement” with Made in USA Claims](%5C)** - #### **[Lessons Learned for Maintaining Attorney-Client Privileged Data Breach Investigation (and other Consultant) Reports](%5C)** UPCOMING EVENTS #### Wage & Hour Laws: How To Avoid Common Pitfalls May 18, 2021”,“Webinar 12:30 - 1:30 PM ET The DOL’s Wage and Hour Division recovered a record $322 million in wages owed to workers in 2019 and found, on average, $1,025 for each employee due back wages. As employers face employees become more informed about their rights, employers should also stay on top of the ever-changing federal and state wage and hour laws to avoid run-ins with the Department of Labor and state labor agencies. Join the Kelley Drye [Labor and Employment](%5C) team for a detailed review of today’s wage and hour laws and coverage of the most commonly made errors, including: - Misclassifying Non-Exempt Employees As Exempt - Failing To Recognize What Time is Compensable - Misclassifying Employees As Independent Contractors - Failing To Comply With Both State And Federal Wage And Hour Requirements Click [here](%5C) to register for this and other webinars in the WOKing Lunch Series. To see more upcoming Kelley Drye events, [click here](%5C). We hope to see you soon. - Share this entry - - - - - [ View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/ad-law-news-and-views-may-15-2021-20240403173013.pdf) ### Related Services - [California Consumer Privacy Act (CCPA)](https://www.kelleydrye.com/trending/california-consumer-privacy-act-ccpa) - [Consumer Class Action Defense](https://www.kelleydrye.com/practices/consumer-class-action-defense) - [Advertising and Marketing](https://www.kelleydrye.com/practices/advertising-and-marketing) - [Privacy and Information Security](https://www.kelleydrye.com/practices/privacy-and-information-security)