The Federal Trade Commission and National Advertising Division of BBB National Programs set forth their enforcement priorities during the 2025 ANA Masters of Advertising Law Conference,

Not surprisingly, the FTC set forth a bread-and-butter enforcement agency.  It includes, without limitation, protecting children (Children’s Online Protection Act (16 C.F.R. § 312); enforcing Made in USA (U.S. Origin Claims) (Made in USA Labeling Rule – 16 C.F.R. § 323); enforcing subscriptions, negative options and automatic trial programs (Restore Online Shoppers’ Confidence Act), Dark Patterns and Click-to-Cancel); Enforcing the FTC Rule on Unfair or Deceptive Fees”); enforcing target advertising and surveillance marketing techniques; enforcing influencers, consumer reviews and endorsements (The Consumer Reviews and Testimonials Rule: Questions and Answers – 16 CFR Part 465); and  enforcing the use of AI (for example and without limitation, exaggerating the capabilities of AI features).

Consult with an experienced ecommerce attorney to discuss the implementation of preventative compliance measures or if you are the subject of a regulatory investigation of enforcement action.

Other areas which are reasonably certain to receive increase regulatory investigation and enforcement attention include but are not limited to, data privacy, Telephone Sale Rule, Telephone Consumer Protection Act, state unfair and deceptive business practices,

Additional key highlights and takeaways for discussion with a qualified ecommerce attorney include the use of health claims, green claims, and social media IP rights and takedown procedures,

Contact the author for more information.

Richard B. Newman is a leading FTC compliance attorney at Hinch Newman LLP.

Informational purposes only. Not legal advice. This article is not intended and should not be construed as legal advice. May be considered attorney advertising.