Ad Law News and Views - September 2025

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IN THE NEWS AND LATEST UPDATES

Former Missouri Attorney General Quietly Withdraws First of Its Kind Content Moderation Rule

Just before the former Missouri Attorney General Andrew Bailey resigned from office earlier this month, his office quietly issued a withdrawal notice for a rule that would have prohibited social media companies from requiring users to rely on in-house content moderation. The withdrawal effectively halts the rule’s promulgation … at least for now.

Reimagining Public Safety: A NAAG Eastern Region Meeting Recap

The National Association of Attorneys General, together with New Jersey Attorney General Matthew J. Platkin, hosted the NAAG Eastern Region Meeting from September 8 to 10, 2025, in historic Asbury Park, New Jersey. Centered around the theme Reimagining Public Safety, the meeting convened AGs and their staff, legal professionals, and subject matter experts to explore innovative approaches to law enforcement and community well-being.

MrBeast Serves up a Feast of Issues for CARU

The Children’s Advertising Review Unit (or ​“CARU”) announced a decision involving MrBeastYouTube and its affiliate Feastables. The decision covers a range of issues that frequently come up for companies that market to children, including advertising, sweepstakes, and privacy issues. Here’s an overview of some of the key points.

Too Much Chatter? AGs Continue Criticism of AI Chatbots

Following a multistate AG letter to AI companies relating to protecting children, California Attorney General Rob Bonta and Delaware Attorney General Kathleen Jennings met with OpenAI and sent a separate letter to its board. The letter states that as a Delaware nonprofit with California headquarters, the company’s recapitalization plan ​“is subject to review” to protect beneficiaries and the nonprofit mission. The letter reiterates concerns previously outlined in the multistate correspondence regarding inappropriate chatbot interactions with children and cites additional news reports linking similar interactions to recent suicides. The AGs evoke OpenAI’s charitable mission, and note that ​“before we get to benefiting [humanity], we need to ensure that adequate safety measures are in place to not harm.” The AGs urge the company to ​“amplify safety” throughout the continued dialogue between their offices.

FDA Announces ​“Crackdown on Deceptive Drug Advertising” with Important Implications for Traditional and Digital Media Advertisers

The White House issued a memorandum directing the Secretary of Health and Human Services (HHS), Robert F. Kennedy Jr., to take ​“appropriate action to ensure transparency and accuracy in direct-to-consumer prescription drug advertising.” Shortly thereafter, the Food and Drug Administration (FDA) announced a ​“crackdown on deceptive drug advertising” and ​“sweeping reforms to rein in misleading direct-to-consumer pharmaceutical advertisements,” recommitting the agency to aggressive enforcement of existing direct-to-consumer (DTC) pharmaceutical advertising regulations. FDA also indicated the intent to initiate rulemaking to amend existing ​“loopholes,” with HHS issuing a fact sheet providing additional background and context.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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