Ad Law News and Views - September 12, 2020

After taking a few weeks off, Ad Law News and Views is back with our Back to School” edition!




FEATURED TOPIC: FTC Rules and Guides You Need to Know  

When we posted about a $9.3 million FTC settlement involving the Mail Order Rule, many people commented that they had never heard of that Rule, and wondered what else they might be missing. In fact, the FTC has more than 50 Rules and Guides. Don’t let that number scare you – many of these rules are very narrow and wouldn’t apply to most of our readers. For example, you probably don’t have to worry about the rule that regulates power output claims for amplifiers used in home entertainment products or the rule that requires certain disclosures when selling funeral goods or services. But odds are that there are a number of Rules and Guides that do apply to you. Gonzalo Mon walks you through six FTC Rules and Guides that you should know. You can read the article here or listen to the podcast here.

FTC Announces $10 Million Settlement Over Automatic Renewals

CCPA Update: California Legislature Votes to Extend Employee and B2B Exemptions; Awaits Governor’s Signature

Illinois Court Dismisses Neora’s Declaratory Judgment Suit against FTC on Jurisdictional Grounds



California Federal Court Stays Trial Pending Supreme Court Ruling on Reach of Section 13(b) of FTC Act

NAD Urges P&G to Clean Up Detergent Claims

CCPA Privacy Regulations Are Approved and Effective Immediately

FTC’s Mail Order Rule Crackdown Continues

NAD Addresses When Companies may be Liable for Consumer Reviews

Data Protection and National Security Concerns Meet in TikTok, WeChat Executive Orders

President Issues Executive Orders Targeting TikTok and WeChat

Ancestry​.com Faces $250M Auto-Renewal Suit

Sixth Circuit Holds That Stored-Number Systems Meet the TCPA’s Definition of an Autodialer, Deepening Circuit Split to be Addressed by the Supreme Court Next Term

Ghirardelli Defeats White Baking Chips False Advertising Claims Premised On Faulty Survey Evidence

What will Phase II” of COVID-19 Class Actions Look Like?

NY Department of Financial Services Announces First Enforcement Action Under Cybersecurity Regulation

Prime Pork” Grading Claims Dismissed by Federal Judge In Florida

NY Department of Financial Services Announces First Enforcement Action Under Cybersecurity Regulation


Webinar Replay – California Consumer Privacy Act (CCPA) for Procrastinators

Webinar Replay – Cleaning Up From 2020: Guidance for Disinfectant, Germ and Virus Killing Claims

Webinar Replay – Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic

Find more webinar replays and other information to help you and your company navigate the legal landscape on the Advertising and Privacy Law Resource Center.


Cleaning Up: Answers To Common Questions About Disinfectant, Germ, and Virus-Killing Claims

California Privacy Rights Act (CPRA)

Ask your smart speaker to play the Ad Law Access podcast or subscribe via through your favorite streaming service (Apple PodcastsSpotifyGoogle Play, StitcherSoundCloud, and others).




Congratulations to Ad Law alum Marlene Gordon who, in her expanded role as Senior Vice President, Chief Administrative Officer at Fresh Del Monte, has assumed responsibility of a new Global Administrative Services function that brings together the critical support functions of Human Resources, Legal, Compliance and Corporate Communications into a single administrative services function to help accelerate long-term strategic goals. Prior to joining Fresh Del Monte in 2018, Marlene was a change agent at companies such as Burger King Corporation and Bacardi North America. She has been transformational at Fresh Del Monte and we look forward to working closely with Marlene in her expanded role.


For more than two decades, Kelley Drye’s Communications practice has helped service providers navigate (and create) federal funding policy and opportunities essential to building and connecting people to advanced communications networks and services. We work with the companies that build wired and wireless networks, helping them create favorable federal policy and regulations and navigate state and local laws. We also work with clients who deploy cutting-edge products utilizing high speed internet and other connectivity to build smarter cities, factories, and products that together make up the internet of things.” We help them properly assess and design for advantageous outcomes, whether in the areas of regulatory classification, rule changes and waivers, or compliance and consumer protection, including privacy and cybersecurity.

Please join us on September 17 for an overview of the FCC’s Rural Digital Opportunity Fund (“RDOF”), the agency’s largest universal service high-cost program designed to support broadband deployment in unserved areas. One year after the RDOF’s Notice of Proposed Rulemaking, the FCC is preparing for the Phase I auction of up to $16 billion in support on October 29, 2020. This webinar will take listeners through what they need to know ahead of the auction, including the auction structure, performance requirements, deployment obligations, and post-auction considerations. Register here.

This event builds on our annual Universal Service Fund webinar and ongoing coverage of the FCC’s efforts to close the digital divide” between rural and urban areas.



Tea Drinkers Bag Bigelow Tea for Made in USA” Claims

CCPA Litigation Round-Up: Q2 2020

EU Court of Justice Strikes Down Privacy Shield; SCCs Safe for Now

FTC Files Complaint Alleging Mail Order Rule Violations

Supreme Court to Weigh-in on the Definition of an Autodialer Under TCPA

Sign up here to receive Ad Law News and Views and here for other Kelley Drye communications tailored to your interests. You can visit the Advertising and Privacy Law Resource Center for more information on all of the topics covered here.