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, how it intersects with existing privacy frameworks, and why legal, compliance, and marketing teams need to asses their data practices now to avoid costly missteps.

Hosted by Simone Roach. Based on a blog post by Alysa Hutnik, Gregory Pruden, and Meaghan Donahue.

Aaron J. Burstein, Meaghan M. Donahue

On July 1, 2025, California Attorney General Rob Bonta announced a $1.55 million proposed settlement order with Healthline Media – the largest California Consumer Privacy Act (CCPA) settlement to date. The proposed settlement resolves allegations that Healthline violated the CCPA by 1) failing to honor consumer requests to opt-out of the sale and sharing of personal information, 2) violating the CCPA’s purpose limitation principle, and 3) failing to include required data protection provisions in contracts with service providers and third parties.

Donnelly L. McDowell, Katie Rogers, Andrea deLorimier

Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has launched a number of initiatives that target certain types of food products and ingredients. The changes invited by the so-called ​“MAHA” or ​“Make America Healthy Again” movement have not been limited to the federal level – with certain states passing or proposing legislation banning or limiting the use of certain foods and ingredients, or requiring warning labels akin to California’s Proposition 65.

Alysa Z. Hutnik, Gregory C. Pruden, Jennifer Rodden Wainwright

A bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state’s telemarketing laws.

Gonzalo E. Mon

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning letters, instead.

Gonzalo E. Mon

P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a commission on purchases of Dr. Squatch products that are made through their affiliate links. The challenged posts included a disclosure that stated: ​“creator earns commission.”

Gonzalo E. Mon

This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing industry to a $24 billion domestic valuation. Despite this growth, a survey commissioned by NAD suggests that the industry faces serious challenges.

FTC Takes a ShOt at Telehealth Program for Allegedly Deceptive Pricing, Reviews, and Weight Claims by Kelley Drye Advertising Law

FTC Negative Option Rule Vacated by Eighth Circuit

Just days before the FTC’s new Negative Option Rule was set to take effect, the Eighth Circuit vacated it entirely. What does that mean for federal enforcement, and how should businesses approach autorenewal compliance now?

In this Ad Law Access podcast episode, host Simone Roach walks through the key takeaways from the ruling and the broader landscape ahead from the blog post from Beth Chun and Aaron Burstein.

#KelleyDrye #AdLawAccess #NegativeOption #AutoRenewal #FTC

Four states. Four amended privacy laws. One message: compliance is not one-size-fits-all.

In this episode of the Ad Law Access podcast, Sinone Roach brings us Alysa Hutnik, Alexander Schneider, and Meaghan M. Donahue's unpacking of the growing complexity of state privacy frameworks, including:

• Connecticut’s redefinition of profiling and sensitive data

• Montana’s tightened thresholds and GLBA carve-outs

• Expanded protections for children’s data

• Key disclosure, opt-out, and notice obligations across states

If your business has 300+ employees nationwide, this is one to catch.

🎧 Listen here: [link to podcast episode]

📖 Read the full analysis:

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fragmentation-of-privacy-requirements-accelerates-as-four-states-amend-nascent-laws

#PrivacyLaw #StateAG #AdLawAccess #KelleyDrye