Ad Law Access Podcast

Providing updates and analysis on advertising, marketing, and privacy / data security law.

Court Considers Whether a Smidgen” is Material in a False Advertising Suit

| 2 min. listen

Can a “smidgen” of difference sink an advertising claim? A recent class action against Prime energy drink raised that very question after lab tests showed caffeine levels slightly higher than advertised. The court…

Influencer Lawsuit Dismissed on Procedural Grounds

A recent court decision dismissing a high-profile influencer lawsuit highlights the critical role that procedural rules can play in advertising and endorsement disputes. While the case didn’t move forward on the…

State AGs and Consumer Protection- What We Learned From ... Nevada

What happens in Nevada won’t stay in Nevada when it comes to consumer protection enforcement. A recent Kelley Drye webinar shed light on how state attorneys general approach unfair and deceptive practices, offering a…

Massachusetts Provides Clarifications on Upcoming ​“Junk Fee” and Negative Option Regulations

| 6 min. listen

Regulators in Massachusetts have offered new guidance on the state’s upcoming rules targeting junk fees and negative option programs, bringing important clarity for businesses preparing to comply. These updates address…

Virginia Is for Health Privacy Lovers: Broad Reproductive Health Data Amendment May Add Unintended Compliance Obligations

| 8 min. listen

A new amendment in Virginia expands protections around reproductive health data, but its broad scope may trigger compliance challenges that businesses didn’t anticipate. This episode unpacks what the amendment covers,…