What Businesses Need to Know About Anticipated FTC Leadership Changes

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, published an article in New York Law Journal entitled “What Businesses Need to Know About Anticipated FTC Leadership Changes” In the article, Andy discusses the potential outlook for consumer protection policies in the second Trump administration. Under anticipated future FTC Chair Andrew N. Ferguson, the agency is likely to maintain a focus on strong consumer protection enforcement within the lanes established by Congress. “Despite anticipated changes in rulemaking authority and leadership, the core mission of safeguarding consumers is expected to persist,” Andy writes. “However, the path by which the FTC will carry out that mission under Trump’s second term will likely be different than during the past four years of the Biden administration.” Ferguson has consistently spoken out against practices that utilize both established and novel technologies to deceive consumers, such as AI. Moreover, in settlements involving companies such as Lyft and its “up to” earnings claims and Rytr’s AI-generated reviews, he emphasized a restrained interpretation of regulatory power, opposing overly expansive enforcement that could hinder innovation or misrepresent marketing terms. “While the exact path of the FTC’s consumer protection efforts remains uncertain, the agency will likely continue to challenge unfair or deceptive advertising and marketing practices,” Andy explains.