FTC Faces Renewed Criticism Both From Within And From Congress

As we rapidly approach the November election, important legal and political questions are resurfacing at the FTC—with new criticism coming from both within the Commissioner ranks and from Congress. On Tuesday, September 17, Republican FTC Commissioner Melissa Holyoak questioned the agency's aggressive rulemaking and enforcement positions in remarks at the National Advertising Division (NAD) conference in New York. And on Thursday, September 19, House representatives during an Energy and Commerce Committee hearing opined that the"the FTC's departure from its traditional standards is affecting Americans in their daily lives."

The criticism generally focused on similar themes, taking agency leadership to task for various policy initiatives and efforts that were alleged to exceed the agency's authority, including threatened application of the seldom-used penalty offense authority.