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10 October 2025

Ad Law News And Views - September 2025

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Kelley Drye & Warren LLP

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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.
Fall conference season is kicking into high gear, which means that our Ad Law team will be on the move! Over the next couple of months, our lawyers will be speaking at and attending a wide range of advertising...
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Fall conference season is kicking into high gear, which means that our Ad Law team will be on the move! Over the next couple of months, our lawyers will be speaking at and attending a wide range of advertising, privacy, and state AG events across the country. It's always a busy season, but one we look forward to for the opportunity to share insights, connect with peers, and hear the latest developments shaping the industry.

If you'll be at any of the events listed below, we'd love to connect. Please don't hesitate to reach out. We always welcome the opportunity to meet up with friends and colleagues when we can.

October 7-9: NAAG NASCO Charities Conference in Columbus, OH

October 10: CA Lawyers Association Fall Privacy Summit in Berkeley, CA

October 21-23: NAAG Fall Consumer Protection Conference in Washington, D.C.

October 23: U.S. Privacy Summit in San Francisco, CA

October 29: IAB Compliance Salon in San Diego, CA

October 30-31: IAPP Privacy. Security. Risk. in San Diego, CA

November 3-5: 2025 ANA Masters of Advertising Law Conference in Chicago, IL

November 12-14: Privacy + Security Fall Academy in Washington, D.C.

November 13: IAB State Privacy Law Summit in New York, NY

UPCOMING WEBINAR

Massachusetts Attorney General's Office: New Regulations Applicable to "Junk Fees" and Automatic Renewals

Webinar: Thursday, October 9, 2025 | 3:00 pm – 4:00 pm ET

Please join us for a webinar featuring special guest speaker Yael Shavit, Chief of the Consumer Protection Division in the Massachusetts Attorney General's Office, as she joins Kelley Drye State Attorneys General Practice Chair Paul Singer, Special Counsel Abby Stempson, and Special Counsel Beth Chun.

The guest speaker will focus on the new consumer protection regulations that took effect on September 2, 2025, in Massachusetts. These regulations prohibit so-called "junk fees" and establish requirements around price and billing transparency, trial offers, automatic renewals, and recurring charges and subscriptions. The webinar will also touch on the broader role of the Massachusetts Attorney General's Office in consumer protection enforcement and on the state's consumer protection laws.

Register here.

IN THE NEWS AND LATEST UPDATES

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Former Missouri Attorney General Quietly Withdraws First of Its Kind Content Moderation Rule

Just before the former Missouri Attorney General Andrew Bailey resigned from office earlier this month, his office quietly issued a withdrawal notice for a rule that would have prohibited social media companies from requiring users to rely on in-house content moderation. The withdrawal effectively halts the rule's promulgation ... at least for now.

Reimagining Public Safety: A NAAG Eastern Region Meeting Recap

The National Association of Attorneys General, together with New Jersey Attorney General Matthew J. Platkin, hosted the NAAG Eastern Region Meeting from September 8 to 10, 2025, in historic Asbury Park, New Jersey. Centered around the theme Reimagining Public Safety, the meeting convened AGs and their staff, legal professionals, and subject matter experts to explore innovative approaches to law enforcement and community well-being.

MrBeast Serves up a Feast of Issues for CARU

The Children's Advertising Review Unit (or "CARU") announced a decision involving MrBeastYouTube and its affiliate Feastables. The decision covers a range of issues that frequently come up for companies that market to children, including advertising, sweepstakes, and privacy issues. Here's an overview of some of the key points.

Too Much Chatter? AGs Continue Criticism of AI Chatbots

Following a multistate AG letter to AI companies relating to protecting children, California Attorney General Rob Bonta and Delaware Attorney General Kathleen Jennings met with OpenAI and sent a separate letter to its board. The letter states that as a Delaware nonprofit with California headquarters, the company's recapitalization plan "is subject to review" to protect beneficiaries and the nonprofit mission. The letter reiterates concerns previously outlined in the multistate correspondence regarding inappropriate chatbot interactions with children and cites additional news reports linking similar interactions to recent suicides. The AGs evoke OpenAI's charitable mission, and note that "before we get to benefiting [humanity], we need to ensure that adequate safety measures are in place to not harm." The AGs urge the company to "amplify safety" throughout the continued dialogue between their offices.

FDA Announces "Crackdown on Deceptive Drug Advertising" with Important Implications for Traditional and Digital Media Advertisers

The White House issued a memorandum directing the Secretary of Health and Human Services (HHS), Robert F. Kennedy Jr., to take "appropriate action to ensure transparency and accuracy in direct-to-consumer prescription drug advertising." Shortly thereafter, the Food and Drug Administration (FDA) announced a "crackdown on deceptive drug advertising" and "sweeping reforms to rein in misleading direct-to-consumer pharmaceutical advertisements," recommitting the agency to aggressive enforcement of existing direct-to-consumer (DTC) pharmaceutical advertising regulations. FDA also indicated the intent to initiate rulemaking to amend existing "loopholes," with HHS issuing a fact sheet providing additional background and context.

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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