FTC Regulation Tracker – April 2024

Advertising Law

May 09, 2024

The big regulatory news out of the FTC in April was the issuance of a new Final Rule governing noncompete agreements. If it becomes effective, the new rule, which would ban most noncompetes nationwide, would radically change the landscape of employer-employee relations in the United States. But, as discussed in our Client Alert on the subject, the Final Rule has already been challenged in federal court by the U.S. Chamber of Commerce and other business groups, and it may be enjoined before it can be enforced.

April also saw the release of the FTC’s Final Rule updating and substantially revising its Health Breach Notification Rule (HBNR). The HBNR amendments underscore and in many ways cement the significant expansion of the Commission’s health-and-wellness-related enforcement in an era of rapid innovation in health-and-wellness-related technology.

One possible reason for the spate of Final Rules we’ve been seeing and we’re likely going to continue to see: The Congressional Review Act (CRA). The CRA allows Congress to repeal a regulatory rule within 60 legislative days of its passage with a simple majority, barring a Presidential veto. In 2016, the Republican Congress used the CRA to repeal a raft of late-Obama era rulemaking. The FTC is likely looking at that 60-legislative day clock and at recent history as they move to finalize these and other Rules.

FTC Proposal	Proposal Type	Manatt Insights	Comments Due
Inbound Technical Support Coverage (TSR Amendment)	Supplemental Notice of Proposed Rulemaking		June 17, 2024
Government and Business Impersonation Rule	Supplemental Notice of Proposed Rulemaking		Deadline Passed
Energy Labeling Rule	Notice of Proposed Rulemaking	Understanding the Changing Regulatory Landscape Under an Activist Federal Trade Commission	Deadline Passed
Children’s Online Privacy Protection (COPPA) Rule	Notice of Proposed Rulemaking	FTC Proposes Major Updates to Children’s Online Privacy Protection Act	Deadline Passed
Unfair or Deceptive Fees (“Junk Fees”)	Notice of Proposed Rulemaking	Episode 27: Demystifying Junk Fees: What they are, regulatory considerations, and B2C marketing implications FTC Seeks to Ban “Junk Fees” With a New Proposed Rule	Deadline Passed
Power Output Claims for Amplifiers	Supplemental Notice of Proposed Rulemaking		Deadline Passed
Use of Consumer Reviews and Testimonials	Notice of Proposed Rulemaking	FTC’s Proposed New Rule Prohibiting Fake Reviews and Testimonials The Comments Are In On the FTC’s Proposed Rule Banning Fake Reviews and Testimonials. What’s Next? The FTC’s Proposed Rule Banning Fake Consumer Reviews and Testimonials: An Update	Deadline Passed
Negative Option Rule	Notice of Proposed Rulemaking	Episode 28: The Subscription and Continuity Product Conundrum: What the FTC’s proposed Negative Option Rule and State Automatic Renewal Laws mean for Marketers Sellers Beware: FTC Proposes Changes to Automatic Renewal Laws Automatic Renewal Laws: Everything to Know About the Surge in Litigation and Regulatory Enforcement	Deadline Passed
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
Ophthalmic Practice Rule	Notice of Proposed Rulemaking	FTC Sends Warning Letters to Eyeglass Prescribers	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
Earnings Claims	Advance Notice of Proposed Rulemaking	2022 FTC and NAD Roundup	Deadline Passed
Business Opportunity Rule	Advance Notice of Proposed Rulemaking		Deadline Passed
Funeral Industry Practices	Advance Notice of Proposed Rulemaking		Deadline Passed
Care Labeling of Textile Wearing Apparel and Certain Piece Goods	Notice of Proposed Rulemaking		Deadline Passed