10/1/2025 4:34:02 PM GENIUS Act: Payment Stablecoins Coming to a Retailer Near You (Maybe) By Sarah Rubenstein Polak The Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act) (S. 1582) establishes the first U.S. framework...
9/29/2025 4:52:11 PM The Sports Law Playbook: Q3 2025 By Lisa Wiznitzer The Sports Law Playbook returns with our fall 2025 edition, offering a closer look at the legal and business trends reshaping the sports...
9/22/2025 7:51:07 PM Snapshots from the NAD Conference By David Mallen Last week in Washington, D.C., the BBB National Programs wrapped up another successful NAD conference. The conference, as usual, provided...
9/16/2025 2:41:58 PM FDA's Direct-to-Consumer Advertising "Crackdown": Impacts to Brands, Agencies and Influencers By Kristen R. Klesh The Food and Drug Administration (FDA) issued a press release on Sept. 9 announcing a “crackdown” on direct-to-consumer (DTC)...
8/29/2025 5:30:20 PM Two Recent GenAI Controversies Highlight Brand/PR Risks of Use By Brian Heidelberger Two recent stories highlight how the use of AI can create challenges around perception and trust. The first involves Will Smith. In a...
8/26/2025 9:05:38 PM Produce Paper, Packaging or Food Serviceware? State Regulations Put Brands and Agencies at the Center of Extended Producer Responsibility Laws By Brian Heidelberger Extended Producer Responsibility is no longer just a policy trend abroad—it is now taking hold in the U.S. These laws place the...
8/18/2025 5:15:42 PM NAD Finds Brand Responsible to Try to Cause Take Down of Influencer's Social Media Post It Didn’t Pay For By Brian Heidelberger The National Advertising Division (NAD) recently looked at a complaint over a social media video posted by an influencer. The interesting...
8/18/2025 5:03:56 PM Match Group’s $14 Million Lesson: Even Without “Click-to-Cancel,” Subscription Companies Can’t Play Hard to Get By Libby O'Neill Last week, Match Group Inc., the powerhouse behind Match.com, OkCupid, Plenty of Fish and The League, agreed to shell out $14 million and...
8/14/2025 2:30:25 PM Will There Be a New York Law Requiring Disclosure of AI Use in Advertising? By Brian Heidelberger New York’s proposed Synthetic Performer Disclosure Bill (A.8887-B/S.8420-A) is positioned to become the first law in the United States...
8/13/2025 8:02:20 PM Illuminating the Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices from Advertising Scrutiny By Jennifer Savitt The surge in health and wellness devices—including wearables, beauty devices and more—comes a result of consumer interest in preventive...
7/23/2025 8:35:54 PM NY Delays Algorithmic Pricing Disclosure Enforcement as Lawsuit Proceeds By Sarah Rubenstein Polak Jessica Lee Last week, on July 14, 2025, a New York federal court issued a general stay of enforcement of the NY Algorithmic Pricing Disclosure Act,...
7/23/2025 8:10:27 PM Addition of Arbitration Provision To Terms Not Binding Without Consumer's Clear Agreement By Brian Heidelberger On July 3, 2025, a federal court rejected Safeway’s attempt to make customers resolve a false advertising lawsuit in arbitration...