Page 3 - Kattison Avenue Newsletter - Spring 2026 - Issue 16

What Advertisers Need to Know From the
2026 ANA Advertising Law 1-Day Conference

By Katie O'Brien

On April 23, Katten’s New York office hosted the 2026 ANA Advertising Law 1-Day Conference, bringing together in-house counsel,
marketing and advertising professionals, and industry leaders to discuss the legal and regulatory developments reshaping advertising
and consumer protection law. This year’s discussions reflected a common theme: regulators are moving aggressively to keep pace with
rapidly evolving technology, shifting political priorities, and increasingly sophisticated marketing practices. Below are the themes from
this year’s conference that advertisers should pay attention to.

FTC Enforcement: Privacy, Children’s Safety and Dark Patterns

Speakers described the Federal Trade Commission’s (FTC) recently released 2026–2030 strategic plan as largely consistent with prior
priorities. However, they noted continued robust enforcement activity in areas including privacy, online reviews, subscription marketing
and deceptive digital design practices.

• Privacy disclosures and consent mechanisms
remain under scrutiny: Speakers emphasized that
the FTC continues to view privacy enforcement as
a core consumer protection priority, particularly
where companies collect, share or monetize
sensitive consumer data without clear disclosures
or meaningful consent. Recent enforcement actions
signal that companies should carefully evaluate
whether privacy policies adequately describe third-
party data sharing practices and whether consent
flows for geolocation and behavioral tracking are
sufficiently conspicuous and specific.
• FTC enforcement under the Consumer Review
Rule is taking shape: The Consumer Review Rule
(effective October 2024) prohibits deceptive
review practices, including reviews generated by artificial intelligence (AI). In December 2025, the FTC sent warning letters to 10
companies regarding their review practices based on consumer complaints and corporate disclosures. Businesses should expect
heightened scrutiny of review generation practices, particularly where automated tools or incentives may affect the authenticity
of consumer feedback.
• Dark patterns continue to be a major enforcement and monetary exposure risk: Recent FTC actions demonstrate the agency’s
willingness to pursue substantial monetary remedies where user interfaces allegedly manipulate consumer decision-making or
obscure material terms. In December 2025, a grocery delivery app agreed to pay $60 million in refunds for falsely advertising free
delivery while charging service fees, offering a “satisfaction guarantee” that only provided credit, using dark patterns to enroll
consumers in a subscription service and restricting refund options.

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