If your business is a brand owner that controls the manufacturing of its products, operates in the packaged goods space, or influences the retail or shipping packaging of products, you may be subject to state-specific...more
For the past four years, multiple states have worked to pass laws (called Extended Producer Responsibility laws, or “EPR”) that reallocate the burden of dealing with end-product waste (and related recycling efforts) to the...more
Barry M. Benjamin, managing partner of Kilpatrick’s New York office and chair of its Advertising and Marketing group, was honored to present alongside La Toya Sutton of the Clorox Company, at the American Conference...more
Barry M. Benjamin, managing partner of Kilpatrick’s New York office and chair of its Advertising and Marketing group, was honored to present alongside La Toya Sutton of the Clorox Company, at the American Conference...more
On January 16, 2025, the Federal Trade Commission (FTC) published its Final Rule officially adopting updates to the Children’s Online Privacy Protection Act (COPPA). For a comprehensive overview of these changes, be sure to...more
The U.S. Food and Drug Administration (FDA) recently finalized its long-awaited rule redefining the use of the term “healthy” on food packaging. While the rule technically goes into effect on February 25, 2025, businesses...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to host a panel at the ANA’s 2024 Masters of Advertising Law Conference, titled "Claim...more
With increasing scrutiny on how companies handle personal data of children under 18, several new laws are reshaping the legal landscape. Even companies that may not intend to direct their services to children still need to be...more
Does your company produce products or packaging that ultimately winds up in landfills? If so, are you aware that you may be defined as a “producer” under new state laws and required to comply with new regulations to reduce...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to participate recently on a panel at the BBB National Program’s National Advertising...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to present on September 13 at the New York City Bar Association’s continuing legal education...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to host a continuing legal education program alongside Laura Brett, head of the National...more
The National Advertising Division (“NAD”) has referred two advertising claims made by Charter Communications to the Federal Trade Commission (FTC) after Charter declined to participate in self-regulatory challenges to those...more
New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for...more
On December 20, 2023, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (Proposed Rule) seeking to update the Children’s Online Privacy Protection Act (COPPA), which would place new restrictions on...more
The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to moderate a panel at the ANA’s 2023 Masters of Advertising Law Conference, titled Advertising...more
On the cusp of the July 4 holiday weekend, the Federal Trade Commission announced revisions to its Endorsement Guides, the first update since its 2009 predecessor. While the revised Endorsement Guides are not vastly different...more
Consumers seem to want to buy products made from sustainable materials or made in sustainable ways. At least, companies seem to think that’s what consumers want, as they continue making claims about how environmentally...more
Since 2021, the administrative code of the City of New York requires commercial establishments in New York City to post conspicuous signs by their entrances if these businesses are collecting customers’ biometric information...more
On the heels of the FTC’s announcement that it plans to revise its Green Guides in the coming months, challenges to environmental claims are increasing across many venues. Recent NAD decisions and newly proposed consumer...more
New York Managing Partner and chair of Kilpatrick Townsend’s Advertising and Marketing group, Barry Benjamin recently co-presented with Pamela Deese, partner at ArentFox Schiff, at a pre-conference workshop from the 2023 ACI...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to recently co-present with Pamela Deese, partner at ArentFox Schiff, at a...more
Attorneys Barry Benjamin, Vita Zeltser, John Brigagliano, and Zain Haq discuss how anti-wiretap class actions against website operators surge, but how proper consent can reduce the risk....more
Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...more