News & Analysis as of

Regulatory Agenda Marketing

Clark Hill PLC

French wine sustainability agreement approved: EU and U.S. antitrust considerations

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The European Commission (“Commission”) issued its first opinion regarding the compatibility of a sustainability agreement with competition rules for the agricultural sector on July 14. The Commission’s opinion is a milestone...more

Troutman Amin LLP

ROBOCALLS ON THE RISE: Latest Robocall Index Update Confirms Trend– Robocalls Up Nearly 20% YoY

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Well Americans have endured 3 billion more robocalls in 2025 than in 2024 according to YouMail’s famous Robocall Index. The Index reveals Americans received 4,829,181,100 robocalls in May, 2025 as opposed to 4,480,264,800 in...more

BakerHostetler

[Podcast] AD Nauseam: Phyllis!

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In this episode, Amy Mudge and Daniel Kaufman welcome Phyllis Marcus, the new Vice President of the BBB National Programs’ National Advertising Division (NAD), to discuss her transition into the role and her vision for the...more

Holland & Knight LLP

FTC Regulatory and Enforcement Shifts Under New Leadership

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In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the direction of the Federal Trade Commission (FTC) under Chairman Andrew Ferguson. Ferguson is expected to...more

Ice Miller

FDA Final Rule for “Healthy” Nutrient Content Claims Effective Date Looms but Rule’s Future Is Uncertain

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After years of rulemaking with impassioned input from food producers, industry stakeholders, and consumer groups, on December 27, 2024, the Food and Drug Administration (FDA or Agency) published a final rule titled “Food...more

Pierce Atwood LLP

State Regulators Eye AI Marketing Claims as Federal Priorities Shift

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With the increase in AI-related litigation and regulatory action, it is critical for companies to monitor the AI technology landscape and think proactively about how to minimize risk. To help companies navigate these...more

Sheppard Mullin Richter & Hampton LLP

Delays Implementation of One-to-One Consent Rule

On January 24, the FCC issued an order postponing the effective date of its one-to-one consent rule. The rule, which would have required companies to obtain individual consent for each marketing partner before sharing...more

Sheppard Mullin Richter & Hampton LLP

2025 Top-of-Mind Issues for Life Sciences Companies

DTC Telehealth Platforms - Arrangements involving telemedicine and direct-to-consumer (“DTC”) business services are expected to be a source of major regulatory scrutiny. In 2024, such arrangements were the focus of proposed...more

Wiley Rein LLP

UPDATE: 11th Circuit Vacates FCC’s One-to-One TCPA Consent Rule

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While Monday was the original compliance deadline for the Federal Communications Commission’s (FCC or Commission) new one-to-one consent requirement under its Telephone Consumer Protection Act (TCPA) regulations, a decision...more

McDermott Will & Schulte

2024 Updates to State Mini-TCPA Laws

Since the Supreme Court of the United States issued its ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

Troutman Pepper Locke

Retailers Tap Into Pricing & Data to Boost Cigar Sales

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Bryan Haynes, a partner in Troutman Pepper Locke’s Tobacco + Nicotine Practice Group, was quoted in the January 10, 2025 Convenience Store News article, “Retailers Tap Into Pricing & Data to Boost Cigar Sales.”...more

K&L Gates LLP

Key Changes to Consumer Protection Laws and Subscription Contracts in the United Kingdom That You Need to Know

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The landscape of subscription contracts is changing around the world, with a heavy focus on consumer protection. In the United States, the recently released "Rule Concerning Recurring Subscriptions and Other Negative Option...more

Bass, Berry & Sims PLC

CMS CY 2026 Parts C and D Proposals Focus on Informed Choice

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On December 10, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule, which, if finalized as proposed, has potentially significant implications for Medicare Advantage (MA) plans and Medicare...more

Walkers

Tokenisation Series - How to Guide - Getting regulatory approval to issue RWA tokens from Jersey

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It is possible to issue RWA tokens using a Jersey company to act as the issuer. The Jersey regulator has published a guidance note on the tokenisation of RWAs. This guidance note sets out the applicable requirements and...more

McDermott Will & Schulte

The Value of Data and Artificial Intelligence in the Alcohol Industry

Members in the ever-evolving alcohol industry are leveraging data and artificial intelligence (AI) to drive innovation, enhance customer experiences, and optimize operations, all in an effort to increase efficiency and...more

Verrill

What Do I Do With a TikTok Sweepstakes or Contest If Time May Be Running Out On This Platform?

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This week, 14 Attorneys General have sued TikTok challenging its practices. If you are a sponsor who currently has a sweepstakes or contest running on TikTok, or if you’re considering one, you may be asking yourself what can...more

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

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In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more

McDermott Will & Schulte

Seasonal Considerations for Packaging and Selling Alcoholic Beverages

The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important...more

Foley Hoag LLP - Cannabis and the Law

New York Improves Cannabis Advertising Rules

New York’s Cannabis Control Board (“CCB”) proposed amendments to cannabis advertising and marketing rules and regulations. If approved, these new rules and regulations could expand the way cannabis dispensaries use...more

Troutman Pepper Locke

2024 Mid-Year Review: State AGs Shaping Regulatory Landscapes

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In 2024, the landscape of state attorneys general (AGs) is poised for significant change, with numerous elections and regulatory actions reshaping priorities and enforcement strategies. This dynamic environment reflects the...more

McDermott Will & Schulte

Growing Regulatory Focus on ‘Crossover Alcohol Products’

As more companies – including businesses with and without experience producing alcoholic beverages – move to leverage their brands and brand equity across the beverage spectrum, regulators, trade associations and the...more

A&O Shearman

Likes to liability: UK FCA cracks down on 'finfluencers'

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"Promotions aren't just about the likes, they're about the law," is the caption that accompanies the UK Financial Conduct Authority's (FCA) recent decision to charge nine influencers in connection with the promotion on social...more

Vicente LLP

Maryland Legislative and Regulatory Changes Impacting the Cannabis Industry

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June has been a busy month for the cannabis industry in Maryland! Read on for updates regarding statutory and regulatory changes that will shape the industry moving forward. The most significant developments include: ...more

Stikeman Elliott LLP

Standing Committee Proposes More (Tough) Changes to the Competition Act: Insights on Drip Pricing, Sale Discounts, Greenwashing,...

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Bill C-59 was presented to the House of Commons on May 6 with significant amendments from the Standing Committee on Finance. These changes further strengthen the deceptive marketing provisions of the Competition Act with...more

BakerHostetler

[Podcast] AD Nauseam: Native New Yorkers and Native Advertising

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On today’s episode of AD Nauseam, Amy and Daniel talk about how the FTC has approached native advertising and what you need to know....more

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