Ad Law News And Views – Back-to-School 2022 Issue – Advertising, Marketing & Branding


Summer vacation is over and Ad Law News and Views is back!

On this evening of September 21, summer hours are over, the kids are back in school, and many of us are heading back to work in the office more often than not. It’s time to hunker down and get busy again. Which means we’re back with our annual “Back to School” issue.


Advertising Law Access Application

You may have missed the launch of the Access to advertising law application earlier this year. The app is a one-stop portal that provides updates and analysis on advertising, marketing, and privacy and data security legislation. It is available for free download from the Apple App Store and Google Play, and can be used on iPhone, iPad and Android devices. The application relies on other advertising and privacy resources produced by the group:

You can find all of these resources and more on our Link tree.


The Court finds that the accessibility of the website does not require 100% compliance

If you have ever received a formal notice alleging that your company’s website is not accessible to the blind or visually impaired, it is likely that the plaintiff’s attorney has attached a report outlining a number of errors in accessibility on the website. This is not surprising since most, if not all, major websites are susceptible to errors. But while some errors may affect a blind or partially sighted person’s ability to navigate the website, others may not. A question that has not been addressed before by any court, however, is whether 100% accessibility is necessary to avoid liability under the ADA. A California district court recently ruled not. This is complicated by the fact that there are no regulations issued by the government regarding the standard of accessibility to consider. By default, the few courts that have required a company to ensure that its website is accessible to people who are blind or visually impaired using assistive technology have consulted the World Wide Web Consortium’s Web Content Accessibility Guidelines.

H&M sued over sustainability claims

Sustainability continues to be a hot topic in the fashion industry, both in advertisements and in the lawsuits related to those advertisements. Last month, a plaintiff filed a proposed class action lawsuit against H&M arguing that the company makes various misrepresentations about the durability of its products. The lawsuit appears to be prompted by a June 28, 2022 article published in Quartz with the results of an investigation which reportedly found that “H&M showed customers environmental rating sheets for its clothing which were misleading and, in many cases, downright misleading”.

The FTC’s Privacy Rulemaking: Broad and Extensive, But It’s Unlikely to Result in a Rule Anytime Soon

On August 11, the FTC finally launched its “Commercial Surveillance and Data Security” regulations after several months of hype and speculation about the FTC’s ability to respect consumer privacy through its regulator.” Mag-Moss”. He did this by issuing (by 3/2 votes) an Advance Notice of Proposed Rulemaking (ANPR) – the first stage of Mag-Moss regulation – and holding a press conference with President Khan, Commissioners Slaughter and Bedoya and senior FTC officials. .

California Attorney General’s First CCPA Settlement Sends Strong ‘Signals’ Regarding Do Not Sell Law Enforcement

Warning that “[t]there are no more excuses,” the California Attorney General announced on August 24, the first public settlement under the California Consumer Privacy Act (CCPA). The settlement order, which the court approved the same day, requires beauty retailer Sephora, Inc., to pay a civil penalty of $1.2 million to resolve allegations that the company did not disclose to consumers that it was selling their personal information and did not address consumer requests to opt out of the sale by offering a “Do Not Sell My Personal Data” Information or through global privacy controls The order also requires Sephora to implement, evaluate and report on a CCPA compliance program, in addition to other injunctive conditions.

CPRA Update: What is an “entrepreneur?” »

The California Privacy Rights Act (CPRA), effective January 1, 2023, adds “processors” to the list of entities a company can entrust with customer data. So what is an “entrepreneur?” And how are “processors” different from other entities described by California privacy law, such as “service providers” or “third parties”?

NAD advises better disclosures for claim #1

Twilio announces that its customer data platform is the “#1 CDP” and reveals that the claim is based on 2020 market share as measured by International Data Corporation. Adobe disputed the claim, arguing, in part, that the 2020 IDC report does not reflect the current landscape and, even if it did, Twilio’s disclosures were insufficient. NAD’s analysis includes advice for anyone looking to make #1 claims. calls for investigation of Hello Fresh recently announced that it has filed complaints with the FTC and the Connecticut Department of Consumer Protection, urging them to investigate Hello Fresh’s marketing practices related to a campaign advertising “free” meals in order to to encourage consumers to take out a subscription. The complaints relate to a number of issues that we post about frequently, including auto-renewals, “dark patterns” and the use of influencers. Here are some important points.

NAD fulfills Saturday night hair claims

My law office photo was taken on a Tuesday morning, but I’ve always complained that the photographer wasn’t available to take it on a weekend, which would have given me a better opportunity to showcase my Saturday night hair. In case you think this is something that only worries me, know that questions related to the ease of creating such an enviable hairstyle recently made their way into an advertising dispute between Dyson and SharkNinja.




September 29, 2022

Operationalizing Adtech’s Privacy Compliance: Understanding the IAB’s Multi-State Confidentiality Agreement

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Intellectual property protection strategies for artificial intelligence

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October 12, 2022

Electoral outlook 2022: an in-depth analysis of this year’s legislative and senatorial elections

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The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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