Kelley Drye Ad Law Access Podcast

How should brands disclose AI-generated people in advertising—and what happens when the rules aren’t clear? In this episode, we unpack New York’s new “synthetic performer” law, which requires advertisers to conspicuously disclose when ads feature AI-generated or algorithmically created human-like performers. We explore the many unanswered questions surrounding the law, including whether it applies to background characters, partial performers, and other common creative elements, as well as the challenges advertisers face in determining what qualifies as a sufficiently clear disclosure. As states continue to push AI transparency requirements into the advertising space, companies using AI-generated content should be paying close attention to how these new rules could reshape marketing compliance and creative strategy. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

What if the price you see online isn’t just based on supply and demand—but on what an algorithm thinks you are willing to pay? In this episode, we unpack the fast-rising controversy over “surveillance pricing,” the practice of using consumer data, algorithms, and AI to tailor prices to individual shoppers based on factors like browsing history, location, or inferred willingness to pay. We explore how this differs from ordinary dynamic pricing, why lawmakers and regulators are raising concerns about transparency, fairness, and discrimination, and how states like New York and California are leading a growing wave of disclosure laws, proposed bans, and investigations. For businesses relying on data-driven pricing tools, the message is clear: pricing strategies are quickly becoming a major privacy, consumer protection, and antitrust risk area. Hosted by Simone Roach. Based on a blog post by Paul L. Singer, Abigail Stempson, Alexander I. Schneider, and Joseph Cahill.

What if canceling a subscription had to be just as easy as signing up for one? In this episode, we break down New York City’s proposed “click-to-cancel” rule, a sweeping effort by the Department of Consumer and Worker Protection to crack down on subscription “tricks and traps” by requiring clear disclosures, simple and symmetrical cancellation mechanisms, and the ability to cancel through the same channels used to enroll—all while banning obstacles that delay or frustrate consumers. With potential fines starting at $525 per violation and restitution tied to failed cancellation attempts, the proposal signals a more aggressive, city-level push to regulate negative option marketing in the absence of a finalized federal rule. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon and Beth Bolen Chun.

In this episode, we unpack how the MAHA movement is accelerating change across the food industry, from FDA’s new enforcement stance on “no artificial colors” claims and its push toward natural color additives, to retailer action like Target’s decision to stop selling cereals containing synthetic dyes—putting fresh pressure on manufacturers to rethink formulation, labeling, and marketing strategies before regulatory shifts, private litigation, and shelf-space demands collide. Hosted by Simone Roach. Based on a blog post by Donnelly L. McDowell, Katie Rogers, and Cristina Ferretti.

In this episode, we unpack a recent NAD decision involving Dorel Juvenile Group’s AI-powered CryAssist technology and the growing scrutiny around how companies market AI-enabled features, highlighting NAD’s practical framework for substantiating AI claims—from training data and model validation to proving the technology performs as advertised in the actual product sold. With CARU also weighing in on notice, consent, and children’s privacy considerations, the case offers a timely roadmap for advertisers navigating the legal, compliance, and reputational risks of promoting AI-driven products. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

What do 100-plus lawsuits and a last-minute legislative fix say about the future of email marketing in Washington? In this episode, we break down Washington’s amendment to its Commercial Electronic Mail Act, a fast-moving response to a surge of litigation after the state supreme court’s Old Navy decision, and explore how the new law lowers statutory damages from $500 to $100 per message while adding a knowledge standard that requires plaintiffs to show senders knew—or reasonably should have known—that subject lines were false or misleading. With the changes taking effect June 11, 2026, the update offers important relief for marketers while leaving plenty of compliance risk still on the table. Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

What do California’s latest privacy settlements tell us about where enforcement is headed next? In this episode, we unpack the California Privacy Protection Agency’s newest CCPA actions against PlayOn Sports and Ford, which reinforce a clear message: opt-out rights must be easy to exercise, free of unnecessary friction, and fully effective in practice—from rejecting cookie banners with an “accept all” option but no equally simple “decline all” choice to prohibiting identity verification steps that can delay or derail opt-out requests. As the CPPA continues to zero in on dark patterns, opt-out preference signals, and real-world functionality, companies should be paying close attention to how their privacy choices are designed, disclosed, and implemented. Hosted by Simone Roach. Based on a blog post by Aaron J. Burstein, Alysa Z. Hutnik, and Meaghan M. Donahue.