Ad Law News And Views – November 2025 – Advertising, Marketing & Branding

WE’RE MOVING

After many wonderful years at the Georgetown Waterfront,
we’re excited to share that, effective December 9, Kelley
Drye’s Washington, D.C. office is moving to a new waterfront,
the Wharf, and will be located at:

670 Maine Avenue SW

Suite 600

Washington, DC 20024

We look forward to welcoming you to our new office soon. Please
update your records accordingly. Our phone numbers will remain the
same.

HAPPY THANKSGIVING

Thanksgiving is almost here, and we know lawyers love a good
debate… especially when it’s over food. We asked the team to
vote on their favorite side dishes and pies, and the results are
in. With stuffing and pecan pie winning big and the rest of the
favorites spread across the board, here’s a peek at what’s
making its way onto everyone’s holiday plates.

No matter which way you slice it, Thanksgiving is about more
than just pie—it’s about gratitude. We’re especially
grateful for our incredible team, the work that drives us, and the
clients who make it meaningful.

CONGRATULATIONS

We’re honored to share that Kelley Drye’s Advertising
Law practice group is once again recognized by Best Lawyers in its
2026 Best Law Firms report with a National Tier 1 ranking. We are
grateful to our clients for their continued trust and
partnership.

Read our full announcement here.

CLIENT ADVISORY

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inbox.

MAHA is Coming for Ultra-Processed Foods and Other Food
Reforms; Red and Some Blue States are Answering

The Make America Healthy Again (MAHA) movement is reshaping
state and federal regulatory priorities. At the state level,
legislatures are advancing measures targeting ultra-processed foods
(UPFs), including restrictions on UPFs in schools, statewide bans,
and front-of-package labeling requirements. The federal government
has previewed increased enforcement of direct-to-consumer
pharmaceutical advertising laws and the development of potential
guidelines to limit the marketing of certain foods to children.

Collectively, these actions signal a shift toward more
aggressive regulation and enforcement in consumer health and
nutrition markets. For businesses, MAHA’s influence is creating
new compliance and litigation risks, particularly for food and
beverage manufacturers, pharmaceutical companies, retailers, and
digital advertisers. Legally, these developments raise questions of
federal preemption, administrative authority, and consistency
across state regimes, issues that are likely to shape both
regulatory strategy and enforcement trends moving forward. Read more.

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the Ad Law Access blog.

What We Learned from … South
Carolina

South Carolina Attorney General Alan Wilson and Jared Libet,
Assistant Deputy Attorney General in the Consumer Protection Unit,
recently joined a Kelley Drye webinar to discuss the core
philosophy behind their office’s practice and the state’s
approach to consumer protection, as well as IRS regulations and
their impact on consumer protection settlements.

Part One: Leveling the Playing Field in
Consumer Protection

Part Two: IRS Regulations Affecting Consumer
Protection Settlements

New York’s Algorithmic Pricing Disclosure Law
Takes Effect

New York Attorney General Letitia James recently announced that
on November 10, 2025, New York’s Algorithmic Pricing Disclosure
Act (the “Act”) officially took effect. Codified at N.Y.
Gen. Bus. Law § 349-a, the Act requires that companies making
use of consumer-specific data to set prices clearly and inform
consumers when those prices have been determined by an algorithm.
It was enacted as part of New York’s omnibus budget bill, which
also introduced other consumer protection measures, including
amendments to the state’s Automatic Renewal Law that we covered
in June. This measure reflects emerging legislative interest in
addressing “surveillance pricing”, or individualized
pricing practices that rely on personal data to adjust the cost of
goods or services.

State Attorneys General Announce AI Task
Force

The Attorney General Alliance released a statement on the
creation of an Artificial Intelligence Task Force in a
“bipartisan initiative” chaired by North Carolina
Attorney General Jeff Jackson and Utah Attorney General Derek
Brown. The AGs also issued their own announcements, which included
statements from partners OpenAI and Microsoft.

Recycling Old Tricks: State AGs Probe Plastics
Industry Collusion in Latest ESG Probe

This month, the attorneys general of Florida, Texas, Iowa,
Nebraska, and Montana sent letters to various environmental groups
expressing “collective concern” about potentially
anti-competitive recycling practices. The letters, sent to the
Consumer Goods Forum, the Green Blue Institute and the U.S.
Plastics Pact, vary slightly depending on the recipient, but make
the same general allegations.

Is “America’s Coffee” Made in
America?

According to the mission statement on its website, “Black
Rifle Coffee Company serves coffee and culture to people who love
America.” The company serves that coffee in bags that proudly
feature the American flag and bear the slogan “America’s
Coffee.”

AG CHRONICLES

Be sure to check out AG Chronicles: a monthly newsletter breaking
down State Attorneys General consumer protection issues and
highlighting news from the states. You may subscribe here.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.