In July, the California legislature approved a new consumer privacy law that represents one of the most significant pieces of privacy legislation ever passed in the United States. The California Consumer Privacy Act of 2018 (CCPA), set to take effect in 2020, creates a host of obligations for businesses that collect personal information about consumers, households, or devices in California and meet certain threshold criteria. The CCPA imposes transparency obligations and requires businesses to provide disclosures about their information practices both before collecting personal information and in response to consumer requests. In addition, companies that “sell” personal information, a concept defined broadly under the law, must provide additional choices and disclosures to consumers, including the ability to stop the sale of their personal information. Continue Reading Understanding California’s New Consumer Privacy Law

The NAD recently recommended that Perdue Farms, Inc. modify or discontinue certain TV and YouTube ads about Perdue’s “Harvestland Organic” chicken. Tyson Foods, Inc. challenged the Perdue ads before the NAD, arguing that they broadly communicated that all of Perdue’s chickens are “happy” and raised “organically” (free-range, non-GMO, 100% vegetarian-fed, and raised without antibiotics). Perdue responded that ads only communicated claims about Perdue’s “Harvestland Organic” sub-brand. The NAD, however, viewed the overall “net impression” conveyed by the ads and found that they communicated broad claims about all of Perdue’s chickens, in part because the ads contained many visual and audio references to the primary Perdue brand, but only fleeting visual references to the Harvestland Organic logo. Perdue announced that it will appeal the NAD’s decision. Continue Reading National Advertising Division Recommends that Perdue Farms Discontinue Ads About Happy, Organic Chickens