House Bill Restoring FTC Monetary Relief Tool Stretches ‘Look Back’ Authority From 3 To 10 Years

House Passes Bill Prompted By Supreme Court Striking FTC’s Previous Reading Of Sec. 13(b)

Limiting FTC authority to enforcement started after legislation passes rather than all pending complaints as House bill allows could be divisive. But consumer health marketers question number of years before a complaint is filed agency can allege a business used false and misleading advertising under legislation the House passed.

House legislation allowing the Federal Trade Commission to impose monetary relief orders against marketers linked to false advertising goes to the Senate, where a similar bill filed in 2020 would have allowed a more limited application of the authority.

While limiting the FTC’s authority to enforcement started on or after legislation is passed rather than all complaints pending at that time as the House bill allows could be a divisive issue, consumer health and personal care product manufacturers and marketers could question the number of years before a complaint is filed that the

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