United States: Advertising, Marketing & Branding

A periodic digest of the headlines, statutory and regulatory changes and court cases involving campaign finance, lobbying compliance, election law and government ethics issues at the federal, state and local level.

This comprehensive newsletter covers recent federal and state consumer protection enforcement actions, including FTC settlements with payment processors, state attorney general lawsuits against tech companies, and advertising challenge decisions. The update examines regulatory developments such as the FTC's withdrawal of its 2021 health app breach policy statement and the launch of a new rule guidance program, while highlighting emerging enforcement priorities around AI-powered advertising, personalized

The International Chamber of Commerce has released an updated Framework for Responsible Alcohol Marketing Communications, providing enhanced guidance on marketing to minors, influencer responsibilities, and alcohol-free brand extensions. The 2026 edition emphasizes marketer accountability for ensuring compliance across the entire marketing ecosystem, including third-party endorsers and influencers.

California's 1967 wiretapping law has become the basis for thousands of lawsuits against businesses using common website tracking tools like Google Analytics and Meta pixels. With conflicting court rulings creating legal chaos, a pivotal appellate case and legislative reform bill could finally resolve whether cookies and analytics constitute illegal surveillance under the California Invasion of Privacy Act.

Rich Kahn, CEO of Anura, reveals shocking statistics about fraud in the lead generation industry, claiming that up to 40% of leads may be fraudulent.

TopGolf faces a TCPA class action lawsuit for allegedly sending unwanted marketing text messages before 8 a.m. Pacific time, violating federal regulations on permissible calling hours.

Medical aesthetic practices face mounting regulatory scrutiny over their digital advertising practices, as tracking pixels and cookies routinely collect and share sensitive patient health data throughout the customer journey. Washington's groundbreaking Data Privacy Report identifies weak consent mechanisms and overcollection of sensitive data as enforcement priorities, while the FTC and state attorneys general accelerate actions against healthcare providers for unauthorized pixel-based data sharing.

A California federal court recently dismissed pixel tracking claims against a healthcare company for lack of Article III standing, finding that the plaintiff failed to demonstrate a concrete injury because the collected information was not sensitive or private. The decision adds to growing judicial skepticism toward pixel tracking lawsuits and provides important guidance for businesses using third-party tracking technologies on their websites.

The Federal Trade Commission has proposed a groundbreaking enforcement policy that would fundamentally change how businesses disclose their use of consumer data in pricing decisions. This policy statement represents the agency's most direct regulatory intervention into the controversial practice of personalized pricing, requiring companies to reveal not just that they personalize prices, but specifically how they use customer data to do so.