Kelley Drye Ad Law Access Podcast

What could a major change to the GRAS framework mean for food companies? In this episode, we unpack the FDA’s proposed rule that would transform the long-standing voluntary GRAS notification system into a mandatory one, while also expanding the scope of the program and creating a streamlined pathway for certain substances already on the market. We explore what the proposal could mean for companies relying on self-affirmed GRAS determinations, including new notification requirements, transition periods, potential post-market scrutiny, and longer FDA review timelines. The proposal also raises significant questions about FDA’s legal authority and whether the agency has the resources to manage a substantial increase in submissions. For food and ingredient companies, the rule could represent one of the most significant changes to the GRAS framework in decades, making it important to assess current GRAS determinations and prepare for what comes next.

Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Katie Rogers, and Cristina Ferretti.

In this episode, we unpack upcoming developments in Pennsylvania that could reshape compliance obligations for companies that make marketing calls or work with telemarketing partners. As states continue to strengthen their consumer protection and telemarketing requirements, businesses should take a close look at their calling practices, consent procedures, vendor oversight, and compliance programs before the new rules take effect. The changes are another reminder that telemarketing compliance is increasingly a state-by-state challenge, and companies cannot afford to rely on a one-size-fits-all approach.

Hosted by Simone Roach. Alysa Z. Hutnik, Jennifer Rodden Wainwright, Brianna Robinson

When does harmless puffery turn into a claim that needs proof? In this episode, we unpack a recent NAD decision involving Howies Hockey’s “World’s Highest Quality” advertising claim and why context made all the difference. While NAD found the slogan was puffery when it appeared on its own, the same claim became an objective representation requiring substantiation when placed alongside specific, measurable claims about adhesive strength, durability, consistency, and other product attributes. The decision offers an important reminder for advertisers: even a broad boast may lose its puffery protection when the surrounding context gives consumers a reason to interpret it as a measurable promise about product performance.

Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

Are “junk fees” about to get even harder to hide? In this episode, we unpack the first installment of Kelley Drye’s Summer 2026 roundup on fee transparency, covering new and proposed developments in Illinois, New York City, and Washington, DC. From Illinois’ new law requiring advertised prices to include mandatory fees, to New York City’s proposed industry-neutral rules targeting surprise charges, and new restrictions affecting certain housing-related fees in DC, the regulatory landscape is becoming increasingly complex. The takeaway for businesses is clear: pricing transparency remains a major priority, and companies should closely examine which fees are mandatory, how they are disclosed, and whether consumers see the full cost before making a purchase.

Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Paul L. Singer, Beth Bolen Chun, and Gonzalo E. Mon.

When does a wine discount become too good to be true? In this episode, we unpack a court’s decision allowing a lawsuit against Safeway over its wine pricing practices to move forward, after plaintiffs challenged whether the retailer’s advertised discounts were based on genuine former prices. The case highlights a familiar risk in promotional advertising: a “sale” price can create legal exposure if the reference price used to show the discount does not reflect the price consumers actually paid for a meaningful period. As the litigation continues, the decision serves as another reminder that retailers should carefully substantiate comparative and former-price claims before raising a glass to their next promotion.

Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

In this episode, we unpack a federal court’s decision to temporarily block enforcement of California’s Truth in Recycling law, which was set to become enforceable in October 2026. The court found that challengers were likely to succeed on arguments that parts of the law are unconstitutionally vague and may improperly restrict truthful commercial speech. While the decision does not strike down the law, it puts enforcement on hold and could have broader implications for environmental marketing claims and California’s packaging and producer responsibility requirements.

Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon, Katie Rogers, and Dennis Mema.

practices

What happens when state attorneys general decide that “junk fees” are more than just a federal policy issue? In this episode, we unpack recent state AG enforcement actions targeting allegedly deceptive fee practices and affordability concerns across industries, highlighting the growing scrutiny of hidden charges, mandatory fees, misleading price disclosures, and other costs that can make products and services more expensive than consumers expect. The roundup underscores a clear trend: even as lawmakers and federal regulators debate broader rules, state AGs are continuing to use existing consumer protection laws to challenge fee practices and push for greater pricing transparency. For businesses, the message is simple: how fees are disclosed and presented remains a major enforcement risk.

Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Donnelly L. McDowell, Beth Bolen Chun, and Gonzalo E. Mon.

What makes a fee part of the advertised price, and when can it be treated as optional? In this episode, we unpack a California court’s recent decision interpreting the state’s Honest Pricing Law and its distinction between mandatory fees that must be included in an advertised price and optional charges that consumers can avoid. The case offers important guidance for businesses navigating California’s increasingly strict rules on pricing transparency, particularly when offering add-ons, service fees, or other charges that may arise during the purchasing process. As litigation and enforcement around hidden fees continue to grow, the decision is a timely reminder that how a fee is presented, and whether consumers can truly avoid it, can make all the difference.

Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

What happens when an FDA advisory committee recommends opening the door to peptide compounding, but FDA staff strongly disagree? In this episode, we unpack the FDA Pharmacy Compounding Advisory Committee’s recommendation to add six of seven peptides under review to the 503A Bulks List for uses ranging from obesity and wound healing to insomnia, despite agency staff raising concerns about insufficient safety and effectiveness data, limited clinical evidence, and potential safety risks. We also explore why the recommendations are not a green light for compounding or marketing these substances: FDA must still complete a formal rulemaking process, and the agency is not required to follow the Committee’s advice. For compounding pharmacies, wellness providers, telehealth platforms, manufacturers, and investors, the key takeaway is clear: enforcement risk remains, and caution is still warranted.

Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell and Cristina Ferretti.

What did July reveal about the future of advertising law and consumer protection? In this Summer Edition of the Ad Law Access Podcast, we take a step back from the month’s individual developments to explore the bigger trends shaping the legal landscape, from the application of traditional advertising principles to AI claims and growing scrutiny of data-driven and comparative pricing, to the expanding role of state attorneys general in privacy, child safety, affordability, and multistate enforcement. We also examine continued attention on environmental marketing, influencer disclosures, subscriptions, food delivery fees, and practical compliance strategies for businesses. One theme connects them all: the lines between advertising, privacy, consumer protection, and state enforcement are increasingly blurred, creating new compliance challenges for companies navigating today’s rapidly evolving marketplace.

Hosted by Simone Roach.