Against the backdrop of many significant developments in the advertising law space, we are thrilled to release the Spring 2025 issue of Kattison Avenue. In this edition, you will find updates on the Trump administration’s imposition of tariffs on imports and their impact on retailers and consumers, UK efforts to improve online safety for children, recent decisions by the National Advertising Division (NAD) affecting advertisers and influencers, and considerations for businesses using Generative AI (GenAI) in their day-to-day operations.

First, Intellectual Property Partner and Advertising, Marketing and Promotions Co-Chair Christopher Cole writes about businesses that rely on tariffed imports that are considering itemizing “tariff-related” costs separately to explain the price hikes to consumers. Chris notes that, while attributing part of the cost to tariffs is not categorically prohibited, calculating and disclosing the precise amount of tariff surcharges will be subject to truth-in-advertising principles such as the California Honest Pricing Law. Then, London Deputy Managing Partner Terry Green discusses the United Kingdom’s robust efforts to improve online safety for kids and recent guidance that all platforms under the Office of Communications’ (Ofcom) Online Safety Act (OSA) must comply with to mitigate children’s exposure to harmful content.

Up next, Intellectual Property Associate Catherine O’Brien summarizes recent NAD decisions targeting third-party marketing by celebrities and influencers. Katie describes the NAD’s recent evaluations, as part of its routine monitoring program, of social media posts by third parties that found unsubstantiated claims or failure to meet disclosure standards, emphasizing that brands must exercise meaningful control over advertising claims that are made on their behalf. Finally, an article by Intellectual Property Partner Michael Justus explains that GenAI vendors, models and use cases are not all created equal. He advises companies to complete due diligence before selecting model providers, carefully scrutinize use cases, and implement policies and training that reflect enterprise risk tolerance.

In This Issue

• Tips For Companies Crafting Tariff Surcharge Disclosures
• Byte-Sized Protection: Keeping Kids Safe Online, One Risk Assessment at a Time
• Influencers Say the Darndest Things: National Advertising Division Targets Third-Party Marketing in Recent Decisions
• Choose Your GenAI Model Providers, Models and Use Cases Wisely
• News to Know

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