With the continuing onslaught of state privacy laws, it’s easy to become overwhelmed by the number of new legal obligations while also trying to stay focused on identifying and mitigating the most pressing legal and business risks. Over the past couple of months, we’ve had the opportunity to meet with privacy professionals to hear about their top challenges and offer some practical perspectives of our own.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/practical-privacy-lessons-from-the-front-lines

Laura Riposo VanDruff

(202) 342-8435

https://www.kelleydrye.com/people/laura-riposo-vandruff

Aaron Burstein

(202) 342-8453

https://www.kelleydrye.com/people/aaron-j-burstein

Caroline Schmitz

(202) 342-8459

https://www.kelleydrye.com/people/caroline-t-schmitz

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The FTC is not holding its breath on whether Congress will enact AI legislation. Instead, as we have previously reported, the FTC is relying on its own toolkit and has warned businesses that false or unsubstantiated claims related to AI could run afoul of the FTC Act.

https://www.adlawaccess.com/2023/09/articles/cant-lie-about-your-ai-the-ftcs-most-recent-case-with-ai-allegations/

Jessica Rich

(202) 342-8580

www.kelleydrye.com/Our-People/Jessica-L-Rich

Kaelyne Wietelman

(202) 342-8478

www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman

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Earlier this month, in a step toward implementing the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), FDA issued a draft guidance document titled “Registration and Listing of Cosmetic Product Facilities and Products: Guidance for Industry.” For those who may be new to MoCRA, this legislation significantly overhauled FDA oversight of the cosmetics industry by requiring manufacturers, packers, and distributors, to comply with a range of new standards, including mandatory product and facility registration, creation of safety substantiation information, and adverse event reporting subject to a December 2023 deadline (per the one-year timeframe set per statute). Additional compliance measures, including issuance of good manufacturing practices regulations, updated fragrance allergen disclosures, and domestic contact labeling are expected in 2024 and thereafter.

https://www.adlawaccess.com/2023/08/articles/fdas-draft-guidance-on-cosmetics-registration-and-listing-a-good-reminder-of-end-of-year-deadlines/

Kristi Wolff

(202) 342-8805

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

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A few months ago when sun-seeking consumers were eagerly anticipating the start of summer, we wrote about a consumer false advertising case involving Beiersdorf’s Coppertone sunscreen brand. In that case, plaintiff Tonya Akes, a consumer, sued Beiersdorf, Inc., maker of Coppertone sunscreen, alleging that Beiersdorf engaged in deception because it sold the SPF 50 Coppertone Sport Mineral Face sunscreen, which she alleges she believed was “specifically designed” for use on the face based on the front-of-pack claims, at twice the price as the regular Coppertone Sport Mineral sunscreen, despite the formulas being identical.

https://www.adlawaccess.com/2023/08/articles/in-your-face-connecticut-district-court-denies-motion-to-dismiss-in-coppertone-face-sunscreen-false-ad-case/

Kristi Wolff

(202) 342-8805

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

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A year ago, the FTC and six states filed a lawsuit against Roomster and its owners, alleging that they had posted “tens of thousands of fake positive reviews to bolster their false claims that properties listed on their Roomster platform are real, available, and verified.” At the same time, the regulators announced a settlement with an individual (doing business as AppWinn) who allegedly sold Roomster many of the fake reviews. Today, the FTC and states announced a settlement Roomster and its owners that includes some notable provisions.

https://www.adlawaccess.com/2023/08/articles/ftc-and-six-states-announce-settlement-over-fake-reviews-and-claims/

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/Our-People/Gonzalo-E-Mon

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During the past year, there’s been a flurry of regulatory activity related to data brokers. Whether in Congress or state legislatures, at federal agencies or the White House, many policymakers are pushing in the direction of increased regulation. For those not following this issue closely, here’s a snapshot of some key developments, starting with some history:

https://www.adlawaccess.com/2023/08/articles/mounting-focus-on-data-brokers-is-more-regulation-coming/

Jessica Rich

(202) 342-8580

www.kelleydrye.com/Our-People/Jessica-L-Rich

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Google recently ran two commercials for its YouTube TV service, each of which ended with the following tagline: “More than cable. For $600 less than cable.” A disclosure at the bottom of the screen explained: “Annual average savings based on a study by SmithGeiger of the published cost of comparable standalone cable in the top 50 Nielsen DMAs, including all fees, taxes, promotion pricing, DVR box rental and service fees, and a 2nd cable box.”

https://www.adlawaccess.com/2023/08/articles/nad-addresses-apples-and-oranges-in-price-claims/

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/Our-People/Gonzalo-E-Mon

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On October 10, 2022, the FTC Collaboration Act of 2021 became law. The Act’s stated purpose is to enhance cooperation between the Federal Trade Commission (FTC) and state attorneys general (AGs) in combatting unfair and deceptive practices. The Act requires the FTC to complete a study and issue a public report based on that study. Throughout the summer, the FTC accepted comments from interested stakeholders on a series of questions related to the roles and responsibilities of the FTC and AGs that best advance collaboration and consumer protection, and how to dedicate resources and implement accountability mechanisms to fulfill those goals.

https://www.adlawaccess.com/2023/08/articles/the-ftc-collaboration-act-benefits-for-the-business-community/

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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The buzz around generative AI has raised many IP-related questions, such as the legality of using IP to train AI algorithms or ownership of AI-generated content. But the FTC warns that claims about content ownership don’t just give rise to IP concerns – they could also constitute FTC Act violations if they meet the unfair or deceptive standard in Section 5. (Click here and here for our take on other recent AI-related guidance from the FTC.)

https://www.adlawaccess.com/2023/08/articles/ftc-warns-that-deceptive-ai-content-ownership-claims-violate-the-ftc-act/

Ioana Gorecki

(202) 342-8417

https://www.kelleydrye.com/Our-People/Ioana-Gorecki

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This summer has been hot all around, but perhaps the hottest topic on the minds of state attorneys general (AGs) continues to be artificial intelligence (AI). As we recently heard from Colorado Attorney General Phil Weiser, AI is a big concern for regulators trying to understand all the ways in which AI permeates our daily lives in order to effectively regulate the algorithms that create the AI.

https://www.adlawaccess.com/2023/08/articles/this-summers-hot-topic-ags-and-ai/

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

Kaelyne Wietelman

(202) 342-8478

www.kelleydrye.com/Our-People/Kael…Yumul-Wietelman

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