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Sharper Cut May Be Needed For Legislation Restoring FTC’s Monetary Relief Authority

 
• By Malcolm Spicer

Only bill introduced in Congress on amending Sec. 13(b) of FTC rules to restore authority would make all pending false advertising enforcements subject to the authority. H.R. 2668 also would allow FTC to target advertising as far back as 10 years from when it files a complaint.

Legislation to authorize the Federal Trade Commission to impose monetary relief orders against US marketers linked to false advertising not only would apply to all complaints pending at the agency, but also to companies that show they don’t intentionally attempt to mislead consumers.

A bill marked up by a House subcommittee could be changed before the Energy and Commerce Committee is finished with it, and any legislation that Congress might pass to restore the FTC’s monetary relief authority, which the Supreme Court earlier in 2021 ruled

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