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ARTICLE · 20 AUGUST 2026

A Look At The FTC's Current Approach To AI Regulation

Holland & Knight
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President Trump's Executive Order 14179 fundamentally reshaped federal AI policy, directing agencies to remove barriers to innovation while the FTC maintains enforcement against deceptive AI marketing practices. This analysis examines how the Commission now distinguishes between restricting AI capabilities versus prosecuting false claims about AI products, revealing a dual approach that protects innovation while combating consumer deception.

United StatesGovernment, Public Sector
Anthony E. DiResta
Anthony E. DiResta
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Highlights

  • President Donald Trump signed Executive Order (EO) 14179, "Removing Barriers to American Leadership in Artificial Intelligence," on January 23, 2025, marking a significant shift in federal artificial intelligence (AI) policy.
  • In addition to sustaining and enhancing America's global AI leadership, the EO directed the development of an AI Action Plan within 180 days and required federal agencies to review, suspend, rescind or revise actions taken pursuant to the now-revoked EO 14110 that conflict with the new policy framework.
  • This Holland & Knight alert analyzes the Federal Trade Commission's (FTC) current approach to AI regulation considering that policy shift.

President Donald Trump signed Executive Order (EO) 14179, "Removing Barriers to American Leadership in Artificial Intelligence," on January 23, 2025, marking a significant shift in federal artificial intelligence (AI) policy. The EO declared "it is the policy of the United States to sustain and enhance

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