Troutman Pepper State Attorneys General Monitor — September 26, 2024

State attorneys general increasingly impact businesses in all industries. Our nationally recognized state AG team has been trusted by clients for 20 years to navigate their most complicated state AG investigations and enforcement actions.

State Attorneys General Monitor analyzes regulatory actions by state AGs and other state administrative agencies throughout the nation. Contributors to this newsletter and related blog include attorneys experienced in regulatory enforcement, litigation, and compliance.

Contact our State AG Team at StateAG@troutman.com.

State AG Updates

Colorado AG Issues Advisory on Deepfakes Ahead of 2024 General Election

By Troutman Pepper State Attorneys General Team

On September 9, Colorado Attorney General (AG) Phil Weiser issued a public advisory warning voters about the dangers of election misinformation and disinformation in the form of realistic-looking images, videos, and audio created using artificial intelligence (AI), known as “deepfakes.” The advisory follows the May 2024 enactment of HB24-1147, an act designed to prevent a broad range of actors from using deepfakes depicting candidates in political communications without properly disclosing the untruthful nature of the communication to voters.

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State AGs File Amicus Curae Brief in US Supreme Court Case Involving Flavored E-Cigarettes

By Bryan Haynes, Chris Carlson, and Nick Ramos

Earlier this month, 20 Democratic state attorneys general (AG) filed an amicus brief supporting the U.S. Food and Drug Administration’s (FDA) marketing denial orders (MDOs) of premarket tobacco applications (PMTAs) for flavored electronic nicotine delivery systems (ENDS or e-cigarettes) currently under review by the U.S. Supreme Court. The brief not only demonstrates which side these states support, but also identifies specific enforcement priorities for these states.

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Amendments Align Pennsylvania’s Breach Notification Law With Majority of States

By Troutman Pepper State Attorneys General Team and Kaitlin Clemens

Earlier this year, Governor Josh Shapiro signed amendments to Pennsylvania’s Breach of Personal Information Notification Act (BPINA) into law, which go into effect on September 26. As part of the implementation of these requirements, Pennsylvania Attorney General (AG) Michelle Henry announced the launch of an online portal for companies and other entities to report data breaches that impact more than 500 Pennsylvania residents. As with notification to impacted individuals, covered entities must notify the AG “without unreasonable delay.” This new requirement aligns Pennsylvania’s data breach notification law with the 35 states that have existing notice requirements for the applicable state regulator when a threshold number of state residents are impacted. Many of these states utilize a similar portal for submissions for ease of reporting

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AG Of the Week

Bridget Hill, Wyoming

On March 1, 2020, Bridget Hill was sworn in as the 38th AG for the state of Wyoming after approval by the Wyoming Legislature.

Hill grew up in Saratoga, WY, and attended the University of Wyoming where she received both her undergraduate degree in accounting and her law degree. After law school, she served as a staff attorney for Justices Larry L. Lehman and Michael Golden of the Wyoming Supreme Court.

Following her time with the court, she joined the Wyoming AG’s office as an assistant AG where she represented various state agencies, including the Office of State Lands and Investments, State Loan and Investment Board, Board of Land Commissioners, among several other agencies, for seven years. Hill was working as the special projects attorney in the AG’s office when she was appointed as director of the Office of State Lands and Investments by Governor Matthew H. Mead in October 2013.

Hill was serving as the director of the Office of State Land and Investments when she was nominated for the position of AG by newly elected Governor Mark Gordon and subsequently approved by the legislature.

Upcoming AG Events

• September: AGA | Plastics Forum | New Haven, CT

• September: NAAG | Fall Consumer Protection Seminar | Washington, DC

• October: RAGA | Fall National Meeting | Orlando, FL

For more on upcoming AG Events, click here.