FTC Regulation Tracker – August 2023 Update

Advertising Law

August 25, 2023

The FTC took a bit of a break in August, issuing only one Notice of Proposed Rulemaking on a relatively low-profile topic—Power Output Claims for Amplifiers Used in Home Entertainment Products. While the Proposed Rule is largely of importance to only a single industry, it’s a reminder that this FTC is not limiting its focus to high-profile issues. Instead, it is regularly issuing proposals on less high-profile topics. Once codified, such low-profile regulations will allow the Commission to obtain monetary damages from individuals or entities that violate them without having to wade through an administrative proceeding.

FTC Proposal	Proposal Type	Manatt Insights	Comments Due
Power Output Claims for Amplifiers	Supplemental Notice of Proposed Rulemaking		October 20, 2023
Use of Consumer Reviews and Testimonials	Notice of Proposed Rulemaking	FTC’s Proposed New Rule Prohibiting Fake Reviews and Testimonials An In-Depth Look at the FTC’s Updates to the Endorsement Guides—Part 1 of 2 An In-Depth Look at the FTC’s Updates to the Endorsement Guides—Part 2 of 2	September 29, 2023
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	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
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
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
Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles	Notice of Proposed Rulemaking		Deadline Passed
Care Labeling of Textile Wearing Apparel and Certain Piece Goods	Notice of Proposed Rulemaking		Deadline Passed

To view the previous FTC Regulation Tracker updates, please see below:

FTC Regulation Tracker—July 2023

FTC Regulation Tracker—June 2023

FTC Regulation Tracker—May 2023

FTC Regulation Tracker—April 2023