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Kelley Drye Ad Law Access Podcast
Kelley Drye Advertising Law
500 episodes
15 hours ago
Class action suits over inflated “list” and “strikethrough” prices are on the rise—but now competitors are getting involved too. In a recent NAD case, Etekcity challenged Renpho’s use of inflated “list” prices on Amazon, arguing that they misled consumers about discounts. NAD agreed, reinforcing that list prices must reflect real, sustained sales—not outliers. The case highlights the compliance risks around pricing claims and shows how NAD can serve as a forum for competitive challenges. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
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Business
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Class action suits over inflated “list” and “strikethrough” prices are on the rise—but now competitors are getting involved too. In a recent NAD case, Etekcity challenged Renpho’s use of inflated “list” prices on Amazon, arguing that they misled consumers about discounts. NAD agreed, reinforcing that list prices must reflect real, sustained sales—not outliers. The case highlights the compliance risks around pricing claims and shows how NAD can serve as a forum for competitive challenges. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
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Business
Episodes (20/500)
Kelley Drye Ad Law Access Podcast
NAD Addresses "List" Prices and "Limited Time" Offers
Class action suits over inflated “list” and “strikethrough” prices are on the rise—but now competitors are getting involved too. In a recent NAD case, Etekcity challenged Renpho’s use of inflated “list” prices on Amazon, arguing that they misled consumers about discounts. NAD agreed, reinforcing that list prices must reflect real, sustained sales—not outliers. The case highlights the compliance risks around pricing claims and shows how NAD can serve as a forum for competitive challenges. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
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15 hours ago
3 minutes 47 seconds

Kelley Drye Ad Law Access Podcast
AGs Fight to Keep Kids SAFE
Two state attorneys general are taking major steps to tighten online age verification and protect minors. Florida’s AG filed lawsuits against adult content sites under the state’s new Age Verification Law, while New York’s AG proposed detailed rules to implement the SAFE for Kids Act—setting out standards for parental consent, age assurance, and privacy protections. Together, these actions show how states are pushing beyond federal requirements, signaling that companies must prepare for evolving and highly technical compliance expectations. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.
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1 day ago
6 minutes 39 seconds

Kelley Drye Ad Law Access Podcast
Trade Associations Urge Congress to Address Penny Shortage
With the U.S. Mint no longer producing pennies and supplies running out nationwide, retailers and restaurants are pushing Congress to approve the Common Cents Act—a bill that would round cash transactions to the nearest nickel. The proposal aims to keep commerce running smoothly as businesses struggle to make change, while raising key questions about fairness under programs like SNAP and state sales tax laws. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
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2 days ago
2 minutes 34 seconds

Kelley Drye Ad Law Access Podcast
Court Approves $1.5 Million Settlement in Greenwashing Case
A California federal court has approved a $1.5 million settlement resolving claims that Rust-Oleum misled consumers with “non-toxic” and “Earth Friendly” labels on its Krud Kutter products. The case highlights the legal risk of broad environmental marketing claims—especially when qualifiers are buried in fine print. The court found that whether such claims mislead a reasonable consumer is a question for the jury, underscoring the importance of clear and well-supported environmental representations. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon and Katie Rogers
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3 days ago
4 minutes 26 seconds

Kelley Drye Ad Law Access Podcast
Philadelphia Fires a Major Legal Salvo Against Two Companies Over "Recyclable" Claims
The City of Philadelphia has sued S.C. Johnson & Son and Bimbo Bakeries, alleging they misled consumers about the recyclability of plastic bags by using symbols like “chasing arrows” and How2Recycle labels. The City argues that these claims ignore the economic and technical realities of plastic film recycling—most of which can’t be processed through curbside programs. The lawsuit highlights a growing enforcement trend against environmental marketing claims that rely on technical recyclability rather than practical, market-scale recycling. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon
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6 days ago
5 minutes 52 seconds

Kelley Drye Ad Law Access Podcast
Multistate Coalition Sends CFPB Letters Opposing Proposals Shrinking Bureau Authority
Nineteen Democratic attorneys general, led by California AG Rob Bonta, are urging the CFPB not to reduce its supervision of key consumer finance sectors, including auto lending, debt collection, and money transfers. The AGs warn that raising the thresholds for “larger participant” oversight would leave millions of consumers unprotected and weaken the CFPB’s enforcement reach. The letter signals states’ continued commitment to fill potential gaps in federal oversight through coordinated enforcement. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Darby B. Hobbs
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1 week ago
6 minutes 13 seconds

Kelley Drye Ad Law Access Podcast
Tractor Supply - Compliance Takeaways from the Most Recent CCPA Settlement
The California Privacy Protection Agency fined Tractor Supply $1.35 million for alleged violations of the CCPA, citing inadequate privacy notices, employee disclosures, opt-out mechanisms, and partner contracts. The settlement underscores California’s growing enforcement focus on opt-out preference signals, contract compliance, and employee data rights. It also highlights how even consumer complaints can trigger wide-ranging investigations. Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff and Meaghan M. Donahue
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1 week ago
8 minutes 28 seconds

Kelley Drye Ad Law Access Podcast
Logan Paul’s Company Picks a Fight with Lionel Messi
What happens when a celebrity sports drink rivalry spills from the gym to the courtroom? Prime Hydration, co-founded by Logan Paul and KSI, has sued soccer legend Lionel Messi’s Más+ brand, alleging false advertising about Messi’s role in founding and developing the drink. The case raises fresh questions about how much celebrity involvement actually matters to consumers. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
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1 week ago
3 minutes 38 seconds

Kelley Drye Ad Law Access Podcast
Montana Announces Multistate Investigation of Big Tech Renewable Energy Claims
Sixteen Republican state attorneys general, led by Montana AG Austin Knudsen, have launched an investigation into four major tech companies over allegedly deceptive renewable energy claims. The AGs argue that using unbundled renewable energy certificates (RECs) to claim 100% renewable power may mislead consumers and distort the energy market. This episode breaks down how the probe reflects ongoing scrutiny of Big Tech, state-level divergence from the FTC’s Green Guides, and broader political debates around fossil fuels, emissions, and the electric grid. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, Abigail Stempson, and Andrea deLorimier
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1 week ago
5 minutes 19 seconds

Kelley Drye Ad Law Access Podcast
Plaintiffs Claim Skechers Emails Create False Sense of Urgency
After the Washington Supreme Court ruled that misleading subject lines can violate the state’s Commercial Electronic Mail Act (CEMA), Skechers now faces a similar class action. The lawsuit claims the company created a false sense of urgency by announcing that sales would end — only to later extend them. This episode explores how the case underscores growing risks around email marketing and why brands should review subject line practices to avoid costly CEMA violations. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
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1 week ago
2 minutes 43 seconds

Kelley Drye Ad Law Access Podcast
FTC and AGs Rally for Fans in Ticketmaster and Live Nation Lawsuit Over Bots and Fees
The FTC and seven state attorneys general have sued Ticketmaster and Live Nation, alleging deceptive practices and violations of the BOTS Act. The complaint claims the companies secretly worked with ticket brokers, let them bypass security limits, and used “bait-and-switch” pricing tactics that misled consumers. This episode unpacks the case, what it says about the government’s focus on junk fees and platform accountability, and the key lessons for businesses conducting pricing tests or managing third-party relationships. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Beth Bolen Chun, and Abigail Stempson
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1 week ago
7 minutes 2 seconds

Kelley Drye Ad Law Access Podcast
Mark Your Calendars! Upcoming Compliance Dates in State Privacy Laws
Even without new comprehensive privacy laws passed in 2025, regulators have kept busy. California finalized major CCPA updates—introducing risk assessments, cybersecurity audits, and automated decision-making rules—while amendments and new state laws in Maryland, Indiana, Kentucky, and Rhode Island take effect soon. Colorado also extended the deadline for its AI Act. This episode breaks down what’s changing, when key obligations begin, and why businesses need to start mapping their compliance timelines now. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein, Alexander I. Schneider, and Meaghan M. Donahue
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1 week ago
13 minutes 3 seconds

Kelley Drye Ad Law Access Podcast
Company Accuses Competitor of Greenwashing in New Lawsuit
Greenwashing claims aren’t just coming from consumers. Moldex-Metric has sued competitor Protective Industrial Products, alleging false environmental claims about its “bio-based” earplugs in violation of the Lanham Act and California UDAP laws. The case highlights how competitors can leverage the FTC’s Green Guides and independent testing to challenge sustainability claims—and why brands must ensure all “eco-friendly” statements are verifiable. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Katie Rogers
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2 weeks ago
4 minutes 3 seconds

Kelley Drye Ad Law Access Podcast
Reimagining Public Safety- A NAAG Eastern Region Meeting Recap
At the 2025 NAAG Eastern Region Meeting in Asbury Park, Attorneys General, legal experts, and policymakers gathered to reimagine public safety. From violence prevention and firearm safety to AI enforcement and environmental protection, the discussions reflected how AG offices are adapting to evolving legal and technological challenges. For companies and compliance teams, the meeting underscored key themes shaping enforcement priorities nationwide—especially around transparency, consumer protection, and responsible AI use. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier
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2 weeks ago
3 minutes 48 seconds

Kelley Drye Ad Law Access Podcast
Former Missouri Attorney General Quietly Withdraws First of Its Kind Content Moderation Rule
Just before leaving office, former Missouri AG Andrew Bailey withdrew a proposed rule that would have barred social media companies from requiring users to rely solely on in-house content moderation. The rule drew strong opposition from industry and policy groups who warned of data security risks, First Amendment violations, and technical impracticalities. While the withdrawal pauses the effort for now, it leaves open the possibility that future AGs—or other states—could revisit similar proposals. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Zach Cihlar
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2 weeks ago
4 minutes 40 seconds

Kelley Drye Ad Law Access Podcast
Too Much Chatter? AGs Continue Criticism of AI Chatbots
California and Delaware AGs are pressing OpenAI on child safety, warning that its recapitalization plan is subject to review and urging stronger safeguards. At the same time, AG Bonta backed California’s LEAD for Kids Act, which would restrict companion chatbots for minors unless strict protections are in place. For legal, compliance, and product teams, these actions signal rising state-level scrutiny of AI and potential penalties for companies that design chatbots without adequate safeguards. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier
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1 month ago
4 minutes 37 seconds

Kelley Drye Ad Law Access Podcast
MrBeast Serves up a Feast of Issues for CARU
What happens when one of the world’s biggest YouTubers markets directly to kids? Last week, the Children’s Advertising Review Unit (CARU) announced a decision involving MrBeast and his brand Feastables, raising concerns about ad labeling, misleading claims, sweepstakes practices, and children’s privacy protections. The case underscores the heightened scrutiny companies face when advertising to children. From clear disclosures to COPPA compliance, brands need to recognize that kids interpret ads differently—and regulators expect advertisers to take extra care. For legal, compliance, and marketing teams, this is a reminder that children’s advertising brings unique risks and responsibilities. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.
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1 month ago
3 minutes 40 seconds

Kelley Drye Ad Law Access Podcast
Alaska Can Ask Ya (For Documents)
What starts with an anonymous consumer complaint can quickly escalate into a full-scale investigation. In Business Doe, LLC v. State of Alaska, the Alaska Supreme Court confirmed the Attorney General’s authority to issue subpoenas in consumer protection cases—even when triggered by a single anonymous letter. This ruling underscores just how broad state AG investigative powers can be, and highlights the risks for businesses that underestimate consumer complaints or the reach of AG enforcement. Legal, compliance, and risk teams should pay close attention to how courts are interpreting AG authority, as similar challenges are likely to emerge across other states. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier
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1 month ago
6 minutes 1 second

Kelley Drye Ad Law Access Podcast
FTC Announces $7.5 Million Settlement Over Cancellation Practices
The FTC just announced a $7.5 million settlement with Chegg, alleging the company violated ROSCA by making it unnecessarily difficult for subscribers—mostly students—to cancel their online services. According to the FTC, Chegg’s cancellation process buried links, forced users through confusing flows and “save” attempts, and in some cases still charged consumers after cancellation. The settlement requires Chegg to maintain a simple cancellation mechanism that is at least as easy as signing up—reaffirming the FTC’s ongoing focus on negative option compliance even after the Click to Cancel Rule was vacated. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon and Beth Chun.
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1 month ago
4 minutes 9 seconds

Kelley Drye Ad Law Access Podcast
State AGs and Consumer Protection- What We Learned From ... Hawaii
Hawaii stands out among the states with a rare dual-entity enforcement structure: both the Attorney General’s Office and the Office of Consumer Protection hold authority under the state’s consumer protection laws. In this episode, we explore how these agencies coordinate enforcement, the strengths and challenges of overlapping jurisdiction, and the unique legislative and litigation roles each plays. We also dive into Hawaii’s UDAP and deceptive trade practices laws, automatic renewal requirements, price gouging restrictions, and key differences between pursuing cases in state versus federal court. For legal, compliance, and marketing teams, Hawaii offers a distinctive look at how consumer protection authority can be shared—and what that means for enforcement risk. Hosted by Simone Roach. Based on a blog post by Paul Singer, Abby Stempson, Beth Chun, and Andrea deLorimier.
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1 month ago
7 minutes 55 seconds

Kelley Drye Ad Law Access Podcast
Class action suits over inflated “list” and “strikethrough” prices are on the rise—but now competitors are getting involved too. In a recent NAD case, Etekcity challenged Renpho’s use of inflated “list” prices on Amazon, arguing that they misled consumers about discounts. NAD agreed, reinforcing that list prices must reflect real, sustained sales—not outliers. The case highlights the compliance risks around pricing claims and shows how NAD can serve as a forum for competitive challenges. Hosted by Simone Roach. Based on a blog post by Gonzalo Mon.