Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Executive Order Strikes at Section 230, But Legal Impact Likely to be Limited

In previous posts, we've written about Section 230 of the Communications Decency Act. Like it or hate it, Section 230 has become integral to the internet, and it’s no exaggeration to say that social media probably…

Another Slack Fill Preemption Win for the Cosmetics Industry in Critcher v. L’Oreal

In a victory for cosmetics companies everywhere, the Second Circuit has affirmed the dismissal of slack fill allegations claiming that L’Oréal’s pump dispense mechanism for serums, lotions, and liquid makeup prevents…

Keep Calm and Go Online: Regulatory Considerations Around the Spike in Demand for Mental Health Apps

Kelley Drye

A recent Marketplace Tech podcast episode on the spike in demand for mental health apps caught our attention. As shocking headlines and stay-at-home orders rolled across the country, demand for mental health apps…

Ad Law Access Podcast - Health Claims 101: Key Considerations For Making Compliant Health Claims

Kelley Drye

The latest episode of the Ad Law Access Podcast discusses three keys to making compliant health claims: determining the product regulatory classification, claim substantiation standards, and the importance of…

FDA and FTC Joint Warning Letters Target Amazon Affiliates Making False COVID-19 Claims

Kelley Drye

Earlier this week, federal regulators continued their efforts to combat the spread of products featuring allegedly false and misleading claims that products can diagnose, treat, cure, or prevent COVID-19. In warning…