FTC Regulation Tracker—June

Advertising Law

June 26, 2023

The big regulation news out of the FTC this month is a Notice of Proposed Rulemaking that would amend the Commission’s Health Breach Notification Rule. As detailed in Manatt’s thought leadership piece on the subject, the amendments would significantly expand both the scope and breadth of the Rule in an era of rapid innovation in health-and-wellness-related technology. They would also validate the FTC’s current broad interpretation of the existing Rule, as demonstrated in recent enforcement actions against GoodRx and Easy Healthcare Corporation. Such an expansion could signal more aggressive enforcement of the Rule against companies, including those only tangentially related to the health space.

While school may be out for summer, we fully expect the FTC to continue to issue proposed regulations over the coming months. Our updated tracker follows.

FTC Proposal	Proposal Type	Manatt Insights	Comments Due
Collaboration With State Attorneys General	Request for Public Comments		August 14, 2023
Health Breach Notification Rule	Notice of Proposed Rulemaking	FTC Proposed Health Breach Notification Rule Changes Target the Online Collection of Health Data	August 8, 2023
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
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
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—May 2023

FTC Regulation Tracker—April 2023