EVENT RECAP
We held two workshops in the month of May highlighting our State AG and Privacy practice groups. In Chicago, our AG group hosted Navigating Consumer Protection in a Shifting Political Landscape, bringing together legal professionals, state regulators, and thought leaders to discuss consumer protection enforcement, regulatory trends, and the evolving challenges facing businesses. In NYC, our Privacy group hosted the Interactive Advertising Bureau (IAB) workshop focused on Health Insights & Beyond, discussing the current legal and regulatory landscape, and related opportunities and challenges for adtech privacy and health-related advertising. Special guests included industry experts, adtech vendors, and regulators from neighboring states.
IN THE NEWS AND LATEST UPDATES
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If you’ve been keeping tabs on the AI legal landscape lately, one thing is clear: states aren’t waiting. Over the past year, lawmakers across the country have introduced—and in some cases passed—a flurry of bills aimed at regulating the use of AI systems, particularly in the areas of consumer protection, data privacy, and transparency. From algorithmic bias bans to generative AI labeling and ADMT restrictions, a patchwork of new AI rules is quickly taking shape.
Utilizing regulatory powers under its UDAP law, the Missouri Merchandising Practices Act (the “MMPA”), Missouri Attorney General Andrew Bailey announced a new rule, codified as 15 C.S.R § 60-19, that would prohibit social media companies from requiring their users to rely on the company’s in-house content moderation algorithm. Instead, social media companies must offer “algorithmic choice” to users. In a press release, the Missouri AG called the rule the first of its kind in the nation.
A beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its Instagram account. Although the influencer doesn’t have a formal relationship with Huda and wasn’t required to post the video, she does periodically receive free products from the company.
Last week, Washington Attorney General Nick Brown, a bipartisan coalition of attorneys general from ten other states, and the California Department of Financial Protection and Innovation wrote the Consumer Protection Financial Bureau’s Acting Director, Russell Vought, pressing the CFPB to issue “long-delayed restitution” to consumers allegedly harmed by a business offering online training for tech positions.
Church & Dwight ran ads for TheraBreath Mouthwash that featured a dentist in a white lab coat identifying him as Dr. Harold Katz. In some of the ads, Dr. Katz holds the product and states: “It’s a better mouthwash. I guarantee it.”
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