July 09, 2026

Advertising Law News and Analysis

2 min

Supreme Court Overrules Humphrey’s Executor and Permits At-Will Removal of FTC Commissioners

On June 29, 2026, the Supreme Court held in a 6-3 decision in Trump v. Slaughter that the Federal Trade Commission (FTC) Act's for-cause removal provision is unconstitutional. The Court overruled Humphrey's Executor v. United States and held that statutory restrictions on the President's ability to remove FTC Commissioners violate the separation of powers.

State Fee Regulation Trends: Surcharging, Junk Fees, UDAP, and Interchange Fees

States continue to devote significant attention to consumer protection and pricing transparency issues. During the 2025-2026 legislative cycle, legislatures across the country introduced, debated, enacted, and, in some cases, rejected legislation relating to surcharging, "junk fees," interchange fees, and related pricing practices.

New York AI Advertising Disclosure Requirement Now in Effect

As of June 9, 2026, New York requires certain advertisements that use artificial intelligence-generated human performers to include a disclosure informing consumers that the advertisement contains a synthetic performer.

A New Framework for AI Permissions in Entertainment: RSL Media's Human Consent Standard

On May 12, 2026, RSL Media launched as a public benefit nonprofit co-founded by CEO Nikki Hexum, Cate Blanchett, Doug Leeds, and Eckart Walther. Its mission is to make human consent machine-readable and discoverable to AI systems through the Human Consent Standard, which allows any individual to declare whether AI systems may use their creative works, identity, likeness, voice, characters, or marks.

Principal Media and Media Agency Contracts: Lessons From the Recent ANA Survey

Given the changes in the advertising world concerning media buying over the past decade, it is somewhat surprising to see that in a recent survey, nearly 40% of client-side marketers said they either have not updated their media buying agency contracts to address principal media, or do not know whether they did.

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