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While much of the country was bundled up in cold winter weather,
privacy leaders and regulators braved the icy roads and gathered in
our DC office earlier this week for our Privacy State of the Union
event. Fittingly held during National Privacy Week, the event
featured a full day of lively discussion and valuable insight into
the evolving privacy landscape.
Attendees engaged in conversations about practical, real-world
approaches to privacy, explored hot topics like children’s
privacy, advertising and media, and federal and state enforcement
priorities, and heard thought-provoking fireside chats with leaders
from the FTC and the CPPA.
The event afforded a great opportunity to spark conversations,
make new connections, and celebrate the dynamic privacy community
— a clear example of how energy, insight, and collaboration
fuel progress across the privacy world. Thank you to all who made
it out for the event.
UPCOMING EVENT
West Virginia Attorney General’s Office: Consumer
Protection and Ultra-Processed Foods
Monday, February 2, 2026 | 2:00 p.m. – 3:00 p.m. ET
Please join us for a webinar featuring special guest
speakers:
Jace Goins, Chief Deputy
Ann Haight, Director, Consumer Protection and Antitrust
Division
Abby Cunningham, Assistant Attorney General, Consumer
Protection and Antitrust Division
They will be joined by Kelley Drye State Attorneys General
Practice Chair Paul Singer, Advertising and Marketing Chair
Donnelly McDowell, Special Counsel Abby Stempson, and Associate Andrea deLorimier. The guest speakers will
share insights into West Virginia’s current consumer protection
priorities and examine the state’s new law targeting certain
ultra-processed foods and food ingredients, along with its
implications for broader consumer protection enforcement. They will
also discuss how the state’s law, and similar measures
targeting ultra-processed foods, operate at the intersection of
public health and consumer protection. The guest speakers will
explain how the AG’s office approaches issues to improve public
health outcomes by reducing exposure to harmful ingredients while
simultaneously creating enforceable standards that help regulators
identify unfair or deceptive practices in the marketing and sale of
food products.
Register here.
IN THE NEWS
Kelley Drye Expands Privacy Practice with Partner
Kate Black and Special Counsel Mason Fitch
“We’re thrilled to welcome Kate and Mason to the
firm,” says Alysa Hutnik, partner and chair of Kelley
Drye’s Privacy and Information Security practice. “Their
combined experience across health privacy, emerging technologies,
and complex data regulatory frameworks enhances our ability to
guide clients through rapidly evolving privacy challenges with
practical, business-minded solutions.”
The FTC’s 20-Year-Consent-Order Policy Is
Burdensome and Unfair
Partner John Villafranco authored “The FTC’s
20-Year-Consent-Order Policy Is Burdensome and Unfair”
published by Bloomberg Law. The article discusses the Federal Trade
Commission’s 20-year consent order duration, which the agency
has not revisited since 1995. Other federal agencies’ consent
order duration is much shorter. John argues that the FTC should
adopt a new position on consent orders lasting five to 10
years.
Gonzalo Mon Quoted on “Click to Cancel”
Bills in Congress
Partner Gonzalo Mon was quoted in “‘Click to
Cancel’ Bills in Congress Target Consumer Subscriptions That
Are Hard to Ditch” for CNBC. The article covers legislative
attempts in Congress to create a federal “click to
cancel” rule. A House bill, the Unsubscribe Act, was
introduced in mid-January as a companion to a Senate measure
proposed in July 2025. These efforts are a part of a trend among in
the states to curb hard to cancel subscriptions.
Donnelly McDowell Quoted on Bipartisan Momentum
Behind State Food Regulation
Partner and Advertising and Marketing practice chair Donnelly McDowell was quoted in Chemical &
Engineering News’ (C&EN) World Chemical Outlook 2026, in
the article “States expected to leapfrog feds on food-chemical
regulation,” examining the rapid rise of state-level
legislation targeting food formulation, processing, and additives,
even as the food industry continues to press for federal
standards.
Laura Riposo VanDruff Quoted in
Law.com
Partner Laura Riposo VanDruff was quoted in
“Riding a Wave of Trump Policy Shifts, Law Firms Have Stayed
Busy in DC” for Law.com. The article examines how Washington,
D.C., law firms navigated shifting regulatory and enforcement
priorities in 2025 under the Trump administration, and how those
changes affected demand across key practice areas.
LATEST UPDATES
Center for Industry Self-Regulation Launches
Institute for Responsible Influence
The Center for Industry Self-Regulations launched the Institute
for Responsible Influence, an entity whose first key initiative
will be a certification program designed “to elevate
transparency, strengthen accountability, empower creators, and
foster trusted brand partnerships within creator
marketing.”
Cleaning cat litter can be a dirty business and, according to a
new lawsuit, marketing litter boxes can be even dirtier. The maker
of Meowant brand self-cleaning litter boxes filed a lawsuit against
its rival PetPivot, alleging that PetPivot is paying influencers to
spread crap about how Meowant’s litter boxes allegedly spread
crap, rather than clean it.
Update on the Wave of CEMA
Lawsuits
Last year, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing
Old Navy of sending emails that included false or misleading
information about the duration of sales. The Court determined that
including such information in the emails’ subject lines
violated the state’s Commercial Electronic Mail Act (or
“CEMA”).
On December 17, 2025, a coalition of ten state attorneys general
announced a $4.25 million settlement with
Menards, the third-largest home improvement chain, resolving
allegations that the company deceptively marketed its “Menards
11% Rebate Program” in violation of the states’ general
consumer protection laws (rather than any “junk fee” or
drip-pricing laws). The settlement was led by Illinois, Iowa,
Minnesota, and Wisconsin.
AI Chatbots Face Rising Legal and Legislative
Scrutiny
AI chatbots are no longer a novelty. They are now embedded in
social media platforms, search engines, and educational tools.
Providers of AI chatbots face mounting scrutiny nationwide, as
advocacy groups and legislators question the effects of chatbots on
mental health, particularly for children. Parents and former users
have sued OpenAI over what they allege to be
ChatGPT’s failure to prevent suicidal ideation, bringing claims
that include allegations of assisted suicide, wrongful death, and
involuntary manslaughter.
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.