FTC Regulation Tracker – March 2024

Advertising Law

April 05, 2024

The Final Rules keep rolling in, but with a twist. Each of the two Final Rules released in March were accompanied by Supplemental Notices of Proposed Rulemaking. In both cases, the Supplemental Rulemakings, if adopted, would greatly expand the reach of the newly adopted Rulemakings.

On March 1, the FTC released a Final Rule prohibiting government and business impersonation schemes (the “Impersonation Rule”). The Impersonation Rule marks the first time since 1980 that the Commission finalized a new trade regulation rule prohibiting an unfair or deceptive practice. Along with the Final Rule, the FTC issued a Supplemental Notice of Proposed Rulemaking that would, among other things, amend the newly adopted Impersonation Rule by expanding its prohibitions to encompass the impersonation of all individuals.

On March 7, the FTC released its long-awaited Final Rule updating the Telemarketing Sales Rule (TSR). Among other things, the new TSR Rule extends telemarketing fraud provisions to cover business to business (B2B) calls and updates provisions on recordkeeping requirements. Simultaneous with the Final Rule, the FTC introduced a Supplemental Notice of Proposed Rulemaking to further amend the TSR. The Supplemental Rulemaking would extend the TSR’s reach to calls consumers make in response to an advertisement through any medium or to a direct mail solicitation.

We will provide additional analyses of these Rulemakings in the coming weeks.

FTC Proposal	Proposal Type	Manatt Insights	Comments Due
Inbound Technical Support Coverage (TSR Amendment)	Supplemental Notice of Proposed Rulemaking		60 Days Following Publication in the Federal Register
Government and Business Impersonation Rule	Supplemental Notice of Proposed Rulemaking		April 30, 2024
Energy Labeling Rule	Notice of Proposed Rulemaking	Understanding the Changing Regulatory Landscape Under an Activist Federal Trade Commission	April 19, 2024
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
Health Breach Notification Rule	Notice of Proposed Rulemaking	FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies FTC Proposed Health Breach Notification Rule Changes Target the Online Collection of Health Data	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
Non-Compete Rule	Notice of Proposed Rulemaking	FTC Proposes Ban on Noncompetes	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