Advertising Law Blog

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Branding Department associate Morgan Spina published an article in New York Law Journal (subscription required) entitled “The FTC's Evolution During Trump’s Second Term.” In the article, Andy and Morgan discuss the changes in the FTC during President Trump's second term. President Trump’s removal of Democratic commissioners Rebecca Kelly Slaughter and Alvaro Bedoya, and the appointment of Andrew Ferguson as FTC Chair and Mark Meador as commissioner, have established a Republican majority and set the stage for a new policy direction. While the agency under Chair Ferguson has signaled a return to traditional enforcement—described as acting as the “cop on the beat”—the FTC has not abandoned rulemaking or enforcement, especially in areas like Big Tech and healthcare. "Trump’s second term incorporates elements of his first term,” Andy and Morgan write. “However, Trump’s second administration is departing from certain norms at the FTC in an effort to recalibrate the position and function of the agency. The FTC has not abandoned enforcement efforts, but these efforts may be redirected to challenging practices contrary to its political agenda."