What should food delivery apps tell you before you click “place order”? In this episode, we unpack a bipartisan coalition of 16 state attorneys general urging the FTC to adopt sweeping new rules governing food delivery platform fees, with a focus on drip pricing, service fees, menu markups, tipping transparency, and personalized pricing. The AGs argue that consumers deserve clearer disclosures about how fees are calculated, whether menu prices differ from in-store prices, and when personal data is being used to tailor prices or discounts. As state and federal regulators increasingly align around pricing transparency, the proposal signals that food delivery platforms—and potentially other industries using similar pricing models—should prepare for heightened scrutiny of fees, disclosures, and data-driven pricing practices.

Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Beth Bolen Chun, and Andrea deLorimier.

In this episode of our Summer Edition series, we examine several of the biggest developments shaping advertising, privacy, and consumer protection law. We discuss state attorneys general's push for greater transparency around food delivery fees and personalized pricing, a federal court's analysis of growth claims in advertising, the FTC's latest action against deceptive subscription practices, and two new lawsuits highlighting the continued legal risks surrounding influencer marketing and endorsement disclosures. We also explore lessons from the FTC's recent settlement with Amazon over its handling of identity theft records under the Fair Credit Reporting Act and highlight on-demand Kelley Drye webinars covering pricing, DOJ enforcement, and state attorney general priorities.

Hosted by Simone Roach. This episode features blog posts by Paul Singer, Abigail Stempson, Beth Chun, Andrea deLorimier, Gonzalo Mon, Laura Riposo VanDruff, and Donnelly McDowell.

You can find these blog posts and much more at AdLawAccess.com.

For webinar recordings, upcoming events, and additional thought leadership, visit KelleyDrye.com.

This week marks the launch of our Summer Edition of the Ad Law Access Podcast. Throughout the summer, we'll bring you roundups of the latest posts from Ad Law Access, along with updates on webinars and other Kelley Drye resources to help you stay current on the rapidly evolving world of advertising, privacy, consumer protection, and regulatory enforcement.

In this episode, we discuss Kelley Drye's comments urging the FTC to rethink the duration of its consent orders, explore the growing regulatory focus on pricing practices through our "Pricing 101" series, and examine FTC enforcement against a company that claimed to use AI to listen to consumer conversations for ad targeting. We also cover New York's new synthetic performer disclosure law, NAD's inquiry into influencer disclosures, and highlight upcoming webinars on surveillance pricing and evolving DOJ corporate enforcement priorities.

Hosted by Simone Roach. This episode features blog posts by John Villafranco, Paul Singer, Alysa Hutnik, and Gonzalo Mon.

How should brands disclose AI-generated people in advertising—and what happens when the rules aren’t clear? In this episode, we unpack New York’s new “synthetic performer” law, which requires advertisers to conspicuously disclose when ads feature AI-generated or algorithmically created human-like performers. We explore the many unanswered questions surrounding the law, including whether it applies to background characters, partial performers, and other common creative elements, as well as the challenges advertisers face in determining what qualifies as a sufficiently clear disclosure. As states continue to push AI transparency requirements into the advertising space, companies using AI-generated content should be paying close attention to how these new rules could reshape marketing compliance and creative strategy.

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

When is a “100%” claim not as clear as it seems? In this episode, we unpack a recent NAD decision examining how consumers interpret absolute claims and why advertisers should be cautious when using “100%” messaging in marketing. The case highlights NAD’s continued focus on consumer takeaway, substantiation, and context, emphasizing that even simple, seemingly straightforward claims can convey broader messages than advertisers intend. As regulators, self-regulatory bodies, and plaintiffs increasingly scrutinize absolute and unqualified representations, the decision offers valuable guidance for companies looking to balance compelling marketing with defensible advertising claims.

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

What can a $35 million settlement teach companies about subscription billing, auto-renewals, and cancellation practices? In this episode, we unpack the FTC’s case against Shutterstock, which resulted in one of the agency’s largest recent settlements over alleged negative option marketing violations. The complaint alleges that Shutterstock failed to clearly disclose automatic renewals and cancellation fees, did not obtain consumers’ express informed consent for recurring charges, and made it unnecessarily difficult to cancel subscriptions. As regulators continue to focus on auto-renewal programs, recurring billing, and “click-to-cancel” principles, the case serves as a powerful reminder that businesses must ensure material terms are clear, consent is meaningful, and cancellation is as straightforward as enrollment.

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

What does the FDA’s latest update on cosmetics regulation mean for beauty brands, manufacturers, and marketers? In this episode, we unpack how the FDA is expanding its oversight of the cosmetics industry through implementation of the Modernization of Cosmetics Regulation Act (MoCRA), the most significant overhaul of federal cosmetics regulation in more than 80 years. From mandatory facility registration, product listing, adverse event reporting, and safety substantiation requirements to forthcoming rules on good manufacturing practices, fragrance allergens, PFAS scrutiny, and talc testing, the agency is gaining unprecedented visibility into the cosmetics marketplace. As FDA signals that compliance, transparency, and product safety will remain key priorities, companies should prepare for heightened regulatory, litigation, and reputational risks in an increasingly scrutinized industry.

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

In this episode, we unpack Washington Attorney General Nick Brown’s lawsuit against Albertsons, Safeway, and Haggen over allegedly deceptive “buy one, get one free” promotions, where the state claims the grocers quietly inflated prices before running BOGO sales and then dropped them afterward, generating nearly $20 million in alleged overcharges across more than 3 million transactions. The case highlights intensifying regulatory scrutiny around pricing transparency, discount advertising, and consumer perception at a time when rising grocery costs are already under the microscope—and serves as a warning that regulators are increasingly willing to challenge whether “free” really means free.

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

Are grocery store “BOGO” deals really bargains—or just clever price manipulation? In this episode, we unpack Washington Attorney General Nick Brown’s lawsuit against Albertsons, Safeway, and Haggen over allegedly deceptive “buy one, get one free” promotions, where the state claims the grocers quietly inflated prices before running BOGO sales and then dropped them afterward, generating nearly $20 million in alleged overcharges across more than 3 million transactions. The case highlights intensifying regulatory scrutiny around pricing transparency, discount advertising, and consumer perception at a time when rising grocery costs are already under the microscope—and serves as a warning that regulators are increasingly willing to challenge whether “free” really means free.

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

What happens when states stop waiting for Congress and begin building their own AI rulebooks? In this episode, we unpack major AI regulatory developments emerging from Colorado, Connecticut, and California, where lawmakers and regulators are advancing dramatically different approaches to AI governance—from Colorado’s pause on enforcing its landmark AI Act while lawmakers debate a broader overhaul, to Connecticut’s sweeping omnibus bill addressing employment algorithms, companion chatbots, synthetic content labeling, and safe harbor programs, to California’s expanding focus on chatbot disclosures, child safety, and high-risk automated decision-making. As states continue racing to shape the future of AI oversight, one theme is becoming increasingly clear: companies deploying AI systems should expect growing obligations around transparency, documentation, human oversight, and consumer protections long before a unified federal framework arrives.

Hosted by Simone Roach. Based on a blog post by Laura Riposo VanDruff, Alexander I. Schneider, and Joseph Cahill.