Ad Law News and Views - July 2025

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IN THE NEWS AND LATEST UPDATES

State AGs and Consumer Protection: What We Learned From … Nevada

In a recent webinar hosted by Kelley Drye, Nevada Attorney General Aaron D. Ford and Chief Deputy of Consumer Protection Mark Krueger shared valuable insights into best practices for engaging with the office, Nevada’s consumer protection laws, and key priorities of the office. Here’s a recap of what we learned.

MAHA Movement Continues to Invite Significant Change for Food Regulation at Federal and State Levels

Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has launched a number of initiatives that target certain types of food products and ingredients. The changes invited by the so-called ​“MAHA” or ​“Make America Healthy Again” movement have not been limited to the federal level – with certain states passing or proposing legislation banning or limiting the use of certain foods and ingredients, or requiring warning labels akin to California’s Proposition 65.

Private Right of Action Exposure Increase: Texas Expands Damages for Telemarketing Violations Effective September 1, 2025

A bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state’s telemarketing laws. The changes adopted impact provisions of the Texas Business and Commerce Code.

FTC Warns Manufacturers and Retailers About Made in USA Claims

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning letters, instead.

NAD Decision Leaves Unanswered Questions About Content Creator Disclosures

P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a commission on purchases of Dr. Squatch products that are made through their affiliate links. The challenged posts included a disclosure that stated: ​“creator earns commission.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Kelley Drye & Warren LLP

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