On September 16, with the signing of SB 1050, California joined its coastal counterpart, New York, in requiring brands to disclose when advertisements feature an AI-generated “synthetic” performer instead of a human actor. Importantly, unlike the New York law, California’s law paves the way for a potential private right of action. Effective January 1,
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Contracts, Consent, and Clones: Navigating Requirements for AI-Generated Advertising
Hello from your friendly human lawyers. If your marketing team is using generative artificial intelligence (AI) in advertising, the issue is no longer whether the rules apply. It’s which rules apply, when they are triggered, and how best to navigate them.
This analysis becomes more concrete on June 9, 2026, when New York’s synthetic-performer disclosure law takes effect. At the same time, contract law, labor rules, and…
FTC Brings Second Earnings Claims Case in One Day, Signals Heightened Scrutiny
Never one to shy away from the action, the Federal Trade Commission (FTC) filed two earnings claims-related cases in a single day. While we covered the first action – FTC v. Wellington – here, the second case is no less instructive and further underscores the FTC’s current enforcement priorities.
On April 13, the FTC…
How to End Up on Top When Claiming to Be No. 1
Baby monitors are having a moment at the National Advertising Division (NAD) after multiple cases were announced over claims that monitors incorporated artificial intelligence technology – see here and here – but as we watch and listen to learn new tricks, it is important to remember the ABCs as well – or, in this case,…
Lights, Camera, Disclosures, Consent: New York’s New AI Laws Take Center Stage
Brands and agencies, take note: Whether or not your commercials are subject to SAG-AFTRA, with these new New York bills, additional disclosures and consents are now required when using synthetic performers and digital replicas in ads.
A Double Feature
On December 11, New York Gov. Kathy Hochul performed a double feature when she signed into…
AI Leads the Charge at ANA
From Nov. 3 through Nov. 5, the Windy City welcomed the ANA Masters of Advertising Law Conference. While the conference focused on all things advertising and marketing, one concept seemed to dominate nearly every single panel – AI. Nearly every presentation had some mention of the ways those two letters have changed the game over…
FTC Bureau Director’s Remarks Highlight Approach to Privacy and AI
The National Advertising Division’s (NAD) annual conference continued on Wednesday with further insights from the Federal Trade Commission (FTC) on its priorities under the Trump administration. Following Commissioner Mark Meador’s keynote earlier in the conference, we also had the opportunity to hear from Christopher Mufarrige, the Director of the Bureau of Consumer Protection. If you…
Can AI Identify Key Trends in Privacy Enforcement and Litigation Impacting Digital Advertising? I Put It to the Test.
As an attorney focused on technology transactions and counseling, I approach new technologies with both curiosity and caution. Like many lawyers, I tend to be skeptical until I fully understand how something works. But at this point, I’m convinced: AI is here to stay, and it’s already reshaping how work gets done across industries, including…
Supermodel, Werk! New York’s Fashion Workers Act Takes Effect
Brands and agencies, take note: On June 19, the New York State Fashion Workers Act (Act) – a law aimed at implementing workplace, wage, and hiring protections for individuals who provide modeling services in New York – went into effect.
Primarily, the Act is intended to protect models from potential exploitation by their management and…
COPPA Is Back in the Saddle: FTC Publishes Final Rule for Children’s Privacy
By Amy Ralph Mudge & Robyn
Just as we’re getting ready to pick out our cowboy boots and bolo ties for Beyoncé’s Cowboy Carter Tour, the Federal Trade Commission (FTC or Commission) published its long-awaited finalized amendments (Final Rule) to the Children’s Online Privacy Protection Act (COPPA) Rule. The rule’s last refresh came in 2012, back when “Call Me Maybe” by…