IN THE NEWS
Partner Gonzalo Mon wrote “A Look At The Wave Of 2025 Email Marketing Suits in Wash.” published by Law360. The article details a 2025 decision by the Washington State Supreme Court that focused on the scope of Washington’s Commercial Electronic Mail Act (CEMA) and opened the door for lawsuits about how retailers advertise sales and other offers. The Washington Supreme Court’s decision expands CEMA to include false or misleading subject lines in marketing emails. Gonzalo covers some of the more than 30 lawsuits that have arisen regarding misleading subject lines and the nuances between the complaints. He concludes with tips for companies to reduce risk in their email marketing campaigns in the wake of this decision.
Partner and Advertising and Marketing practice chair Donnelly McDowell, Partner and State Attorneys General practice chair Paul Singer, and Associate Andrea deLorimier authored “Key Risks For Cos. As MAHA Reshapes Food Regulation” for Law360. The article discusses the “Make America Healthy Again” movement (MAHA), and the far reaches of its impact on legislative and regulatory priorities.
Partner Gonzalo Mon authored “Washington’s Spam Email Ruling Means Retailers Should Be Careful” published by Bloomberg Law. The article covers the Washington Supreme Court’s ruling in Brown v. Old Navy LLC, which affects the content businesses can put in the subject lines of marketing emails sent to Washington residents. Gonzalo explains the case, the Court’s ruling, and how retailers can reduce risk in this area.
Partner and Advertising and Marketing practice chair Donnelly McDowell was quoted in “New California Ultra-Processed Foods Law May Set Table for National Wave of Regulation” by Law.com. The law directs state regulators to make rules about ultra-processed foods in public schools, and adopts a broader definition than other states passing similar laws. California’s law defines ultra-processed foods in terms of ingredients’ functions, like stabilizers and thickeners or artificial coloring agents. This legislation comes during a wave of regulation and scrutiny over food, in part from the “Make America Healthy Again” movement. Donnelly notes the risks the law creates for food companies doing business in California for private lawsuits.
Partner Laura Riposo VanDruff was quoted in “EdTech Joint Settlement Shows Enforcers’ Focus on Protecting Kids’ Data” by Privacy Daily. The article reports on a joint settlement between three states and the software company Illuminate Education. The settlement resolved claims that Illuminate failed to protect students’ data with basic security measures.
LATEST UPDATES
Last week, New York’s Governor signed a first-of-its kind law that will require companies to conspicuously disclose when their ads include any “synthetic performer,” a term that generally refers to an asset that was created using AI or other software and is intended to emulate an actual human.
In July, the Eighth Circuit vacated the FTC’s “Click to Cancel Rule.” Since then, the FTC has continued to challenge cancellation practices under other authority. For example, in September, the FTC announced a $7.5 million settlement with an ed tech provider over cancellation practices under the Restore Online Shoppers’ Confidence Act (or “ROSCA”).
A bipartisan multistate group of nine attorneys general settled a lawsuit against the largest landlord in the U.S., Greystar Management, for $7 million as part of ongoing litigation in the rental market industry. In the lawsuit filed in January 2025 in coordination with U.S. DOJ, the states alleged that landlords provided data to RealPage’s algorithms to generate pricing recommendations and engaged in discussions that included pricing strategies. The AGs said that the companies understood that their data would create increased profits by recommending set rental prices to all landlords using the platform. The nine AGs’ case continues against five other rental management companies.
With the federal government again threatening to prevent states from regulating AI, another bipartisan coalition of 36 state attorneys general is speaking out through a National Association of Attorneys General policy letter. This time, the preemption language is being proposed in the National Defense Authorization Act. The letter follows one from a 40-AG group in May 2025, pushing back on a similar proposal in the “Big, Beautiful Bill.”
Procter & Gamble filed an NAD challenge against Blueland, arguing that influencers promoting Blueland’s cleaning products on the TikTok Shop did not adequately disclose their connection to the company. The influencer posts generally fell into four categories.
AG CHRONICLES
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