Congress Likely To Legislate Monetary Penalty Authority In FTC Enforcement If SCOTUS Strikes It

White House, Democrat majority in Congress and likely next FTC chair support the agency wielding the authority, says advertising law attorney Holly Melton. Supreme Court, though, likely will rule in pending cases that a strict reading of an FTC regulation doesn’t grant monetary penalty authority.

Monetary penalties the US Federal Trade Commission imposes in its enforcement against false advertising is an authority the Supreme Court isn’t likely to uphold but that has support from the White House and the majority party in Congress.

The authority, says advertising law attorney Holly Melton, also is supported by the FTC’s next likely chair. As well, the...