[Legislative Issues]

AAF Government Report | October 2023

Digital Advertising Taxes

The District of Columbia Tax Revision Commission has before it a proposal to extend the District’s sales tax to digital advertising services and the use of data. AAF and AAF-DC have sent a letter to the Commission explaining why such a proposal is bad public policy and the negative impact it would have on DC businesses. Read More

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AAF Government Report | July/August 2023

Senators Turn Attention to Privacy

July 27, the Senate Commerce, Science and Transportation Committee passed two privacy bills aimed at teens and youth. The Children and Teens’ Online Privacy Protection Act (COPPA 2.0), sponsored by Senators Ed Markey (D-MA) and Bill Cassidy (R-LA), and the Kids Online Safety Act (KOSA) sponsored by Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN). Both passed with broad bipartisan support. Read More

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AAF Government Affairs Alert

As you know, multiple states have passed privacy laws in the first half of 2023. As a resource for AAF members, our partners at Venable and Privacy for America have created this document outlining the major provisions of each of the newly enacted state laws. These new laws are in addition to already existing privacy requirements in many states and add to the increasing complexity and challenges encountered by businesses and other organizations as they navigate the legal environment, and further underscores the need for a single national privacy law as supported by the AAF. Read More

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NARB: Coors Can’t Say “Light Beer Shouldn’t Taste Like Water”

“Light beer shouldn’t taste like water.” That’s the claim Molson Coors can no longer make in its advertising for Miller Lite beer. The Council of Better Business Bureaus’ National Programs’ National Advertising Review Board advised the brewer in an appeal case to stop making the claim, thus upholding a similar decision made by National Programs’ National Advertising Division. The NAD decision came about after the claim “Light beer shouldn’t taste like water. It should taste like beer” was challenged by Anheuser Busch. In their findings the NAD concluded that the claim made by Molson Coors was comparable (i.e., “tastes like water” compared to “does not taste like water”) and was therefore “measurable.” As such, the NAD determined that substantiation was required, a finding echoed by the NARB who concluded that “no substantiation for the claim was provided by Molson Coors, nor did it provide any consumer research regarding its argument that reasonable consumers would not take away a comparative claim.” Compliance with NARB’s and NAD’s decisions is voluntary; however, the CBBB reports a compliance rate of more than 95 percent. Read More

Legislative Issues

AAF Government Report: March/April 2023

AAF’s March 23 Advertising Day on the Hill was a rousing success. Forty AAF members from 19 states and the District of Columbia attended. They were briefed by speakers from the Federal Trade Commission and advertising self-regulatory programs and learned about the important issues confronting the industry, including privacy and data security and preservation of the federal tax deductibility of advertising expenses. Read More

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AAF Government Report – April 2022

Soon after AAF alerted its Kentucky members to an ad tax included in legislation introduced by State Representative Jason Petrie (R-Elkton) Chair of the House Appropriations and Revenue Committee, the provision was removed from the bill. As introduced, HB 8 would have expanded Kentucky’s 6% gross receipts sales and use tax base to 39 new services, including advertising and graphic design services. Read More

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Nebraska Privacy Hearing Set for February 28

On February 28 Nebraska state legislators will hold a hearing on LB 1188, seeking to adopt the Uniform Personal Data Protection Act (UPDPA). As proposed, the bill presents yet another set of privacy standards to be met by Nebraska businesses. If passed, the bill may provide individuals with fewer, and more limited, rights including the right to copy and correct personal data. In addition, the bill may not include the right of individuals to delete their data or the right to request the transmission of their personal data to another entity. It is the position of the AAF that while maintaining online privacy is critically important, federal standards are necessary so as to prevent the promulgation of state-by-state privacy legislation which in itself may be a disservice to consumers and negatively affect competition. At the very least, proposed state privacy legislation should align with other state privacy bills, such as the Virginia Consumer Data Protection Act. At this point, only Nebraska and Oklahoma are considering the adoption of UPDPA. Read More

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AAF Nebraska Legislative Survey

The American Advertising Federation (AAF) protects and promotes advertising at all levels of government through grassroots activities. Our nationwide grassroots network of corporate partners and advertising professionals are ready and able to engage with lawmakers on behalf of the advertising industry on tax, privacy, First Amendment and other issues of concern. Read More

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AAF Government Report December 2021

The Build Back Better legislation soon to be considered by the U.S. Senate currently includes language to give unprecedented broad civil penalty authority to the Federal Trade Commission. While AAF strongly supports the mission of the FTC, this new authority would go far beyond the powers previously granted by Congress under Section 5 of the Federal Trade Commission Act. In addition to being poor policy, we believe the provisions violate Senate rules of procedure, specifically the Byrd Rule, which prohibits non-budgetary provisions from being included in reconciliation legislation. Read More

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AAF Government Report October 2021

The AAF protects and promotes advertising at all levels of government through grassroots activities. Our nation-wide network monitors advertising-related legislation on local, state and federal levels. We put our members face-to-face with influential lawmakers while encouraging self-regulation as a preemptor to government intervention, when appropriate of course. Read More

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Maryland Digital Advertising Tax Proposed

Proposed digital advertising tax regulations were filed on August 31 by Maryland’s comptroller. In simple terms, the proposed regulations would require companies that derive revenue from residents of Maryland as a direct result of those residents responding to digital ads running in Maryland to report the revenue derived from such ads, which would then be subject to a tax rate unique to each advertiser. Read More

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AAF Nebraska Legislative Team

The AAF protects and promotes advertising at all levels of government through grassroots activities. Our nationwide grassroots network of corporate partners and advertising professionals are ready and able to engage with lawmakers on behalf of the advertising industry on tax, privacy, First Amendment and other issues of concern. Read More

AAF Nebraska NewsLegislative Issues

AAF Government Report July 2021

Reports from sources on Capitol Hill indicate a digital advertising tax has been mentioned as a source of revenue to pay for the Senate’s bipartisan infrastructure bill negotiated by the so-called “Gang of 10/Gang of 21.” AAF members are encouraged to contact their Senators—especially if he or she is among the negotiating Senators—and let them know they should oppose an effort to tax digital, or any other advertising. An issue brief from the AAF supported Advertising Coalition gives more background on the issue. Read More

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AAF National Government Report

Shortly before adjourning for the year, the Colorado General Assembly passed legislation regulating data and consumer privacy in the state. As of this writing, the measure has been sent to Governor Jared Polis (D) who is expected to either sign or let the bill become law without his signature. AAF, together with allies in the state and Washington, DC, submitted comments on the measure to lawmakers, and the AAF supported Privacy for America issued a press release stating that passage of the measure underscored the need for a uniform federal data privacy law. Because of many last minute negotiations between the House and Senate, we have not yet had the opportunity to determine how many of our suggestions were adopted. Read More

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AAF Omaha Legislative ALERT

Nebraska State Senator Tom Briese (R) has introduced legislation to lower the sales tax rate and expand the base to include all services, including advertising. The bill is similar to one the Senator introduced last year. That measure was the subject of a hearing, but never advanced out of committee. Read More

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AAF National Government Report December 2020

AAF has scheduled the 2021 Advertising Day on the Hill for Wednesday, May 19. The event will be held in conjunction with the Leadership Immersion Training for Rising Professional Club Presidents and Presidents-Elect on May 18. We are optimistic that the vaccine rollout will allow us to gather in Washington, DC so please mark your calendars and plan to join us for these important events. Read More

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AAF National Government Report September 2020

AAF and Privacy for America support an effective national privacy standard that would protect consumers while allowing consumers and businesses to enjoy the many benefits that come with the responsible use of data. Privacy for America has developed comprehensive principles for such a law and is encouraging lawmakers to adopt many them in any future legislation. Read More

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AAF National Government Report May 2020

As anticipated, Maryland Governor Larry Hogan (R) vetoed the digital ad tax passed by the General Assembly. The Assembly is expected to try to override the veto when it returns. Normally, the body would have reconvened in late May but did not because of the COVID-19 pandemic. The next session has not been scheduled and could be delayed until the Fall or next year pending the state of the health crisis. AAF Baltimore, AAF DC and the Maryland/Delaware/District of Columbia Press Association released a joint statement praising the Governor’s action. Read More

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AAF National Government Report April 2020

On April 24, Michigan Governor Gretchen Whitmer (D) issued an Executive Order that among other things, rescinded the advertising ban included in a previous order. The previous Executive Order addressing the COVID-19 crisis in her state sparked a well-covered protest because of the stay-at-home provisions included in the order. The order also included language that impacted advertising. Read More

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