On April 19th, Sen. Bernie Sanders (I-Vt.), Sen. Cory Booker (D-N.J.), and Sen. Peter Welch (D-Vt.) introduced The Childhood Diabetes Reduction Act (the ​“Act”). In a press release that positions the Act as having the same urgency as Congress’s efforts to take on the tobacco industry 30 years ago, the sponsors’ stated aim is to combat growing trends in childhood diabetes and obesity.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/proposed-federal-legislation-would-require-warning-labels-and-advertising-prohibitions-on-junk-foods

Kristi Wolff

(202) 342-8805

www.kelleydrye.com/Our-People/Kristi-L-Wolff

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Glad advertises that its ForceFlex MaxStrength bags are ​“25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A competitor – presumably worried that consumers would think that Glad was making a comparison to its bags – brought a challenge before the NAD, questioning whether the basis of comparison was sufficiently clear. NAD didn’t think so.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-finds-disclosures-for-comparative-claims-arent-clear

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

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Website accessibility lawsuits continue to be big business for plaintiffs’ attorneys, with thousands of lawsuits filed every year. Part of the problem is the lack of clear guidance from the government in this area, given that neither the Americans with Disabilities Act nor related state laws specifically address website accessibility or what (if anything) companies need to do when they code their websites.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/doj-issues-website-and-app-accessibility-requirements-for-state-and-local-governments

Geoffrey Castello

(973) 503-5922

https://www.kelleydrye.com/people/geoffrey-w-castello

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

Gregory Berman

(212) 808-7844

https://www.kelleydrye.com/people/gregory-t-berman

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Doing good just got a little more complicated for companies that run charitable campaigns in California.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-publishes-new-regulations-governing-charitable-campaigns

Christie Grymes Thompson

(202) 342-8633

https://www.kelleydrye.com/people/christie-grymes-thompson

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

Katrina Hatahet

(202) 342-8553

https://www.kelleydrye.com/people/katrina-hatahet

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The Princeton Review advertises its MCAT preparation courses with the following copy: ​“Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.” Blueprint Test Preparation filed a challenge before the NAD arguing that The Princeton Review must be able to substantiate that its students will score 515+ or add 15 points. The Princeton Review argued that it wasn’t making a performance claim – it was simply offering a money-back guarantee.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-determines-a-money-back-guarantee-conveys-performance-claim

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

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What trends are shaping consumer protection in 2024?

From kids on social media to fake reviews and junk fees, state AGs are working across state (and partisan) lines on initiatives that promise to mold the consumer protection landscape for years to come. In this post, we reflect on our conversation with Todd Leatherman, who works at the forefront of these issues as Director of the National Association of Attorneys General (NAAG) Center for Consumer Protection.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/what-we-learned-from-naags-director-of-the-center-for-consumer-protection

Paul Singer

(202) 342-8672

www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson

(202) 342-8678

www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun

(202) 342-8671

www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Shea O'Meara

(212) 808-5042

https://www.kelleydrye.com/people/shea-omeara

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Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the Ninth Circuit – have held that disclosures on the back of a package can help to qualify a claim on the front, as long as that claim is ambiguous, as opposed to false. NAD, on the other hand, tends to think those disclosures are too far-removed to be effective.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/courts-and-nad-come-to-different-conclusions-on-package-disclosures

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

John Villafranco

(202) 342-8423

https://www.kelleydrye.com/people/john-e-villafranco

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Two consumers walked into supermarkets on a mission to find ​“nutritious, healthy snacks” that ​“would not likely increase [their] risk of disease” and later walked out with Fruit Bowls in Gel, Fruit Bowls in Juice, Canned Fruit in Juice, Canned Fruit in Heavy Syrup, Canned Fruit in Light Syrup, and Canned Fruit Juice. Perhaps those wouldn’t be your first choices, given that mission statement, but the consumers were swayed, in part, by Dole’s ​“promise to provide everyone, everywhere with good nutrition.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/court-finds-that-sunshine-reveals-puffery

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

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I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of patriotism. I Dig Texas claimed that its products are ​“American Made” while its competitor’s products are ​“110% Made in China.” Creager Services didn’t dig those claims and filed a lawsuit alleging, among other things, that the ​“American Made” claims were literally false. (It missed an opportunity to argue that a product can’t be ​“110%” made in any location.)

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/10th-circuit-decision-at-odds-with-ftc-over-american-made-claims

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

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Last week in South Carolina, AGs, staff, and members of the community gathered for the AI and Preventing Child Exploitation Seminar, presented jointly by the Attorney General Alliance (AGA) and the National Association of Attorneys General (NAAG). Sessions focused on robocalls, online platforms, youth digital wellness and mental health, and the potential benefits of AI.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ags-protect-children-from-ai-and-chainsaws

Paul Singer

(202) 342-8672

www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson

(202) 342-8678

www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun

(202) 342-8671

www.kelleydrye.com/Our-People/Beth-Bolen-Chun

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