On today’s episode of AD Nauseam, Amy and Daniel explain when trade names can be treated as advertising claims and challenged as misleading, focusing on how the FTC and NAD handle expressly false versus implied claims. They highlight key cases, especially in health and wellness, and offer practical guidance on when bold or hyperbolic names are allowed and when a name change may be required.

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Cybersecurity is no longer just an IT or privacy issue. For FDA regulated companies, it’s a patient safety issue, a product quality issue, and increasingly a regulatory enforcement issue. FDA has made it clear that cybersecurity vulnerabilities can affect medical devices, software, manufacturing operations, clinical data, and even the availability of life saving products.

Today, we’re bringing together two perspectives—the FDA regulatory lens and the cybersecurity lens—to talk about what companies need to understand and where they’re getting tripped up.

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On today’s episode of AD Nauseam, Amy and Daniel look back at the NAD’s biggest shifts in 2025—from new leadership and procedural updates to major trends in health claims, influencer cases, AI enforcement, and Made in USA scrutiny. They unpack how Phyllis Marcus is reshaping the process and what this year’s surge of challenges means for advertisers heading into 2026.

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The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM.

Episode 6 features Daniel Kaufman, who specializes in Advertising, Marketing, and Digital Media in BakerHostetler's Washington, D.C. office. Daniel is widely recognized for his strategic and pragmatic approach to complex regulatory matters, with an emphasis on consumer protection. He has earned national recognition for his efforts representing companies subject to FTC consumer protection and privacy investigations on topics ranging from billing practices to online disclosures and the use of data for advertising purposes.

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Today we will focus our discussion on AI and Digital Health and FDA’s Evolving Oversight. The FDA has been actively shaping its regulatory framework for AI and machine learning in medical devices, recognizing that traditional device regulations were designed for static products not adaptive algorithms that learn over time.

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On today’s episode of AD Nauseam, Amy and Daniel close out 2025 with a fast‑paced look at the FTC’s most pivotal shifts—from major leadership changes to rulemaking shakeups and the year’s most consequential enforcement trends. They will break down what defined the agency’s first year under Chairman Ferguson and what these developments signal for advertisers heading into 2026.

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The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM.

Episode 5 features Aleksandra Vold, a Partner in BakerHostetler's Chicago office specializing in Healthcare Privacy and Compliance. Aleks is widely recognized for her strategic and pragmatic approach to incident response and regulatory advisory. She has earned national recognition as an incident response attorney and is a trusted advisor to leading healthcare organizations.

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In this episode of Wait, what?, patent attorneys Laura Gordon and Stephanie Lodise tackle the surprisingly high-stakes world of patent application formatting. From font size pitfalls to the perils of shaded tables, they reveal how tiny details can trigger outsized rejections, even after allowance. With real-world stories, practical checklists, and even a pop quiz, Laura and Stephanie show how faulty formatting can interrupt patent prosecution and issuance. Tune in to learn why formatting matters and why sometimes sweating the small stuff is essential for smooth patent sailing.

Click below for more information on the patents mentioned in this episode!

US9474267B2 “Turkey decoy Apparatus”

US7490833B2 “Scent-based board game”

USD468589S1 “Plate having condiment wells"

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On today’s episode of AD Nauseam, Amy and Daniel are joined by special guest Julia Ensor, a former FTC attorney who spearheaded Made in the USA guidelines and regulations that are being enforced today. Julia discusses how to stay “Made in the USA” compliant and some of her favorite cases on the topic.

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On today’s special episode of AD Nauseam, Amy and Daniel broadcast live from the Association of National Advertiser’s annual conference. They’re joined by Phyllis Marcus, Director of the National Advertising Division, for an interview at the ANA conference that took place on November 4, 2025. Phyllis discusses current NAD cases and what’s on the horizon for NAD.

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