ARTICLE
17 July 2025

Ad Law News And Views - June 2025

KD
Kelley Drye & Warren LLP

Contributor

Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
Chambers and Partners is a highly respected, UK-based legal research and publishing organization that ranks the best lawyers and law firms around the world.
United States Media, Telecoms, IT, Entertainment

CONGRATULATIONS!

Chambers and Partners is a highly respected, UK-based legal research and publishing organization that ranks the best lawyers and law firms around the world. Chambers rankings are considered one of the most prestigious in the legal industry. We are pleased to share that several individual attorneys and practices have been ranked in the 2025 edition for:

  • Advertising: Transactional and Regulatory
  • Privacy & Data Security: The Elite
  • NAD Proceedings
  • State Attorneys General

We congratulate our colleagues on this recognition!

UPCOMING EVENTS

Nevada Attorney General's Office: Consumer Protection and Other Priorities

Webinar: Monday, July 14, 2025 | 3:00 pm – 4:00 pm ET

Please join us for a webinar featuring special guest speakers Nevada Attorney General Aaron D. Ford and Chief Deputy of the Consumer Protection Division Mark Krueger, as they join Kelley Drye State Attorneys General Practice Chair Paul Singer, Special Counsel Abby Stempson, Special Counsel Beth Chun, and Associate Andrea deLorimier.

The guest speakers will discuss consumer protection and other priorities within the Nevada Attorney General's Office. Topics include Nevada's consumer protection laws, opioids, social media, residential rooftop solar, price gouging, and suggested best practices for businesses when interacting with the office.

Register here.

IN THE NEWS AND LATEST UPDATES

Connecticut Requires Prices to Include Most Fees

In our most recent "Junk Fee" Legislative Roundup, we noted that the Connecticut legislature had introduced a bill that could require companies to include mandatory fees in their prices. On June 10, 2025, Connecticut's Governor signed that bill into law.

NAD Reviews Green Claims in Battle Between Bottled and Boxed Water

The International Bottled Water Association (or "IBWA") challenged over 50 express and implied claims by Boxed Water is Better (or "BWIB"), suggesting that boxed water is better for the environment. Previously, we looked at what NAD had to say about whether advertisers can substantiate green claims using a mass balance accounting approach. Today, we'll look at three other types of claims in the case.

Can Companies Use "Mass Balance Accounting" to Substantiate Green Claims?

The International Bottled Water Association (or "IBWA") challenged over 50 express and implied claims by Boxed Water is Better (or "BWIB"), suggesting that boxed water is better for the environment. NAD's decision covers a lot of ground and is worth reading for anyone who makes green claims, but in this post, we'll just focus on one issue NAD hasn't addressed in detail before – mass balance accounting.

WSJ Examines Increase in "Made in USA" Challenges

We've written various posts about challenges to Made in USA claims, including class action lawsuits (like this one) and regulatory investigations (like this one). A recent article in The Wall Street Journal examines the recent increase in these types of challenges and finds an unlikely source of inspiration behind them – President Trump's election last year.

NY Quietly Amends Automatic Renewal Law

On May 9, 2025, New York Governor Kathy Hochul signed a large budget bill with "major components of legislation necessary to implement the state transportation, economic development, and environmental conservation budget for the 2025-2026 state fiscal year." Buried in Part W of the 99-page bill are various provisions that will also impact how companies can offer automatic renewal programs in New York, starting this November. Some of these changes appear to echo Negative Option Rule and California Automatic Renewal Law amendments, while others are more prescriptive.

AG CHRONICLES

Be sure to check out AG Chronicles: a monthly newsletter breaking down State Attorneys General consumer protection issues and highlighting news from the states. You may subscribe here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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