Kelley Drye Ad Law Access Podcast

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

Alysa Z. Hutnik, Gregory C. Pruden, Jennifer Rodden Wainwright 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.

FTC Warns Manufacturers and Retailers About Made in USA Claims

Gonzalo E. Mon 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

Gonzalo E. Mon 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.”

NAD Releases Influencer Trust Index

Gonzalo E. Mon This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing industry to a $24 billion domestic valuation. Despite this growth, a survey commissioned by NAD suggests that the industry faces serious challenges.

FTC Takes a ShOt at Telehealth Program for Allegedly Deceptive Pricing, Reviews, and Weight Claims

FTC Takes a ShOt at Telehealth Program for Allegedly Deceptive Pricing, Reviews, and Weight Claims by Kelley Drye Advertising Law