Key Updates:

• California’s “drip pricing” law, which will limit how businesses can present fees and prices, is set to come into effect July 1, 2024.
• On May 8, 2024, California Attorney General Rob Bonta issued guidance on the new law.
• On May 20, 2024, Minnesota Governor Tim Walz signed a bill banning practices related to

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Key Updates:

• On May 1, 2024, BBB National Programs’ Children’s Advertising Review Unit (CARU) issued a compliance warning stating that its Self-Regulatory Guidelines for Children’s Advertising (Advertising Guidelines) and Self-Regulatory Guidelines for Children’s Online Privacy Protection (Privacy Guidelines) apply to artificial intelligence (AI) in advertising and data collection targeted at children under 13.
• CARU warns

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In an unusual decision[1] this month, the National Advertising Division of BBB National Programs (NAD) recommended that Planting Hope Brands (PHB), a plant-based food and beverage company, discontinue its use of the registered trademark symbol or ® on the packaging and advertising for its product RIGHTRICE, a plant-derived flour-based kernel. …

Key Updates:

• Earlier this month, the Department of Justice (DOJ) adopted a final rule under Title II of the Americans with Disabilities Act of 1990 (ADA) aimed at ensuring web content and apps are accessible to people with disabilities.
• Specifically, the new rule requires that public entities covered by Title II, which includes state and

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Key Takeaways:

• Disclosure of a payment or other material connection (e.g., via #Ad) must be prominent and “before the fold” for social media posts.
• Influencers must include applicable disclosures in video content (not merely in the caption that accompanies the video).
• A brand cannot repost influencer content without disclosing that the content has been paid

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With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges. This Update highlights hot topics in advertising law for 2024.

Click here to read the full Update.

Key Update:

• A federal court in New York denied Danone Waters of America’s motion to dismiss a class-action lawsuit accusing it of falsely advertising Evian-branded bottled water as “carbon neutral.”
• The putative class-action lawsuit claims that the Evian water bottles are not actually carbon neutral due to alleged emission of carbon dioxide during manufacturing.
• The

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