AG Chronicles: January 2026
January 2026
AG Chronicles: a monthly newsletter breaking down State Attorneys General consumer protection issues and highlighting news from the states.
UPCOMING WEBINAR
February 2, 2026 | 2:00 pm to 3:00 pm (EST)
Please join us for a webinar featuring special guest speakers:
- Jace Goins, Chief Deputy
- Ann Haight, Director, Consumer Protection and Antitrust Division
- Abby Cunningham, Assistant Attorney General, Consumer Protection and Antitrust Division
They will be joined by Kelley Drye State Attorneys General Practice Chair Paul Singer, Advertising and Marketing Chair Donnelly McDowell, Special Counsel Abby Stempson, and Associate Andrea deLorimier. The guest speakers will share insights into West Virginia’s current consumer protection priorities and examine the state’s new law targeting certain ultra-processed foods and food ingredients, along with its implications for consumer protection enforcement. They will also discuss how this law, and similar measures targeting ultra-processed foods, operate at the intersection of public health and consumer protection. The guest speakers will explain how these laws are designed to improve public health outcomes by reducing exposure to harmful ingredients while simultaneously creating enforceable standards that help regulators identify unfair or deceptive practices in the marketing and sale of food products.
Register here.
Kelley Drye is an accredited provider of CA, IL, NY, and TX CLE. This continuing legal education program has been approved for 1.0 New York transitional Professional Practice credit and 1.0 General credit for California, Illinois, and Texas. New York credit can be applied reciprocally to New Jersey requirements and Connecticut requirements. We will apply for CLE credit in other jurisdictions, upon request, but cannot guarantee approval.
IN THE NEWS AND LATEST UPDATES
AGs Settle Two Car Manufacturer Multistates at the End of 2025 in Multimillion Dollar Enforcement Actions
Three years have flown by since we last wrote about the letter state AGs sent to Hyundai and Kia over the companies’ lack of anti-theft technology. In response to an alarming rate of thefts and joyrides, including a viral social media trend that promoted hotwiring specific Hyundai and Kia vehicles, AGs pursued Hyundai and Kia for selling a large number of vehicles between 2011 to 2022 that allegedly lacked industry standard anti-theft engine immobilizers. Last month, 35 states and the District of Columbia reached a $9 million settlement with Hyundai and Kia. The multistate settlement was led by attorneys general William Tong of Connecticut, Keith Ellison of Minnesota, and John Formella of New Hampshire.
22 State AGs Sue CFPB Acting Director for Loss of Access to CFPB Resources
In 2025, we wrote how Democrat state attorneys general opposed CFPB’s ANPRs reducing CFPB oversight, a bipartisan group of AGs urged the CFPB to distribute consumer refunds, and a Democratic group of AGs filed an amicus brief warning against dismantling the CFPB. In December, a group of 22 Democratic AGs (co-led by California, Colorado, New Jersey, New York, and Oregon) filed a lawsuit in the District of Oregon against Russel Vought, Acting Director of the CFPB, for allegedly terminating operations and preventing states from accessing statutorily mandated resources.
MAHA Pushback – Court Temporarily Blocks West Virginia’s Dye Ban
In March 2025, West Virginia passed one of the most aggressive Make America Healthy Again (MAHA)-inspired statutes in the country banning a number of FDA-approved food dyes. But its future is now uncertain after a federal court temporarily enjoined the law as unconstitutionally vague.
New Executive Order Targets State AI Laws; States Show No Signs of Backing Down
Despite extensive pushback from bipartisan coalitions of state attorneys general (about which we’ve previously blogged here and here), President Trump recently issued a new Executive Order with grand ambitions to rein in state-by-state regulation of artificial intelligence. The Order frames U.S. leadership in AI as both an economic and national security imperative and takes direct aim at what it describes as an emerging patchwork of state AI laws, calling out Colorado’s AI Act by name.
NAAG’s Farewell “Capital Forum” 2025 – with 2026 AG Priorities Preview
Kelley Drye’s State AG team was in attendance for the National Association of Attorneys General 2025 Capital Forum – technically the last “Capital Forum” to take place in December in D.C., but certainly not the last important NAAG conference. The topics at the Forum included youth safety related to digital manipulation and AI, antitrust enforcement, preemption and ethical implications when local governments retain outside counsel, and predictive markets. The conference also provided a preview of the NAAG Presidential Initiative for 2026 from incoming President Connecticut Attorney General William Tong – “Driving Down Costs for American Families.” We cover some of the highlights below.
NEWS FROM THE STATES
Alaska
The State Settles with Lithia Motors, Inc. on Fees Not Included in Advertised Price
Arizona
Connecticut
New York
Tennessee
Tennessee Attorney General’s Office Cracks Down on Illegal Online Sweepstake Casinos
Texas
UPCOMING EVENTS
Members of our team will be attending these upcoming conferences, in addition to RAGA and DAGA events:
- AGA Chair’s Initiative – February 24-26 in Santa Fe, NM
- NAAG 2026 Annual Conference – April 13-15 in Charleston, SC
- NAAG Spring Consumer Protection Conference – May 19-21 in Kansas City, MO
For more information about the State Attorneys General Practice group, click here.