FTC Regulation Tracker—April

Advertising Law

April 17, 2023

In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to skip a Section 19 administrative proceeding and head straight to court. It should come as no surprise, then, that the FTC is issuing new regulations, guidelines and proposals fast and furiously. Sometimes it seems nearly impossible for companies and practitioners to keep pace. That is where Manatt comes in. We have compiled the below chart of FTC proposed rulemakings and guidance relating to consumer protection currently making their way through the administrative process. This chart, which will be updated regularly, lists links to the FTC’s proposals and to related Manatt insights as well as provides comment due dates that have not already passed.

FTC Proposal	Proposal Type	Manatt Insights	Comments Due
Negative Option Rule	Notice of Proposed Rulemaking	Sellers Beware: FTC Proposes Changes to Automatic Renewal Laws Automatic Renewal Laws: Everything to Know About the Surge in Litigation and Regulatory Enforcement	June 23, 2023
Business Practices of Cloud Computing Providers	Request for Information	AI Has Captured the Attention of the U.S. Public—and Federal Enforcers	June 21, 2023
Franchisor Business Practices	Request for Information		June 8, 2023
Tenant Screening	Request for Information		May 30, 2023
Guides for the Use of Environmental Marketing Claims (“Green Guides”)	Proposed Guidance	The FTC Takes on ESG: Proposed Updates to the Green Guides	Deadline Passed
Non-Compete Rule	Notice of Proposed Rulemaking	FTC Proposes Ban on Noncompetes	Deadline Passed
Energy Labeling Rule	Advance Notice of Proposed Rulemaking	Understanding the Changing Regulatory Landscape Under an Activist Federal Trade Commission	Deadline Passed
Ophthalmic Practice Rule	Notice of Proposed Rulemaking	FTC Sends Warning Letters to Eyeglass Prescribers	Deadline Passed
Use of Reviews and Endorsements	Advance Notice of Proposed Rulemaking	A Closer Look at the Proposed Amendments to the FTC Endorsement Guides	Deadline Passed
Commercial Surveillance and Data Security	Advance Notice of Proposed Rulemaking	Protecting Consumer Health Data: FTC and State Actions to Close the Privacy Gap	Deadline Passed
Guides Concerning the Use of Endorsements and Testimonials in Advertising	Proposed Guidance	FTC Proposes Major Updates to the Endorsement Guides A Closer Look at the Proposed Amendments to the FTC Endorsement Guides: Key Takeaways for Advertisers	Deadline Passed
Telemarketing Sales Rule Revisions: B2B & Tech Support Calls, Negative Options	Advance Notice of Proposed Rulemaking	FTC Proposes Expansion of TSR That May Impact SMB Lending	Deadline Passed
Telemarketing Sales Rule: Recordkeeping	Notice of Proposed Rulemaking	FTC Proposes Expansion of TSR That May Impact SMB Lending	Deadline Passed
Earnings Claims	Advance Notice of Proposed Rulemaking	2022 FTC and NAD Roundup	Deadline Passed
.com Disclosures	Request for Information	2022 FTC and NAD Roundup	Deadline Passed
Safeguarding Customer Financial Information	Supplemental Notice of Proposed Rulemaking	FTC Proposes Changes for Safeguards, Privacy Rule	Deadline Passed
Risk Based Pricing	Notice of Proposed Rulemaking		Deadline Passed
Government and Business Impersonation	Notice of Proposed Rulemaking		Deadline Passed
Junk Fees	Advance Notice of Proposed Rulemaking		Deadline Passed
Business Opportunity Rule	Advance Notice of Proposed Rulemaking		Deadline Passed
Funeral Industry Practices	Advance Notice of Proposed Rulemaking		Deadline Passed
Motor Vehicle Dealers	Notice of Proposed Rulemaking		Deadline Passed
Power Output Claims for Amplifiers Utilized in Home Entertainment Products	Notice of Proposed Rulemaking		Deadline Passed