Wall St. Journal:  “In every poll and town hall meeting, Americans are demanding . . . a stronger Federal Trade Commission.  Just kidding.  But you’re about to get a more powerful FTC anyway, so look out.   Buried in the House financial reform is a provision that would muscle up the FTC and radically expand its mission. Pushed by liberal barons Henry Waxman and Barney Frank, the language would empower the FTC to impose civil penalties on companies that are first-time offenders and make it easier for the agency to concoct new rules. The law, supported by FTC Chairman Jon Liebowitz, would also invest the agency with the power to independently litigate civil penalty cases rather than going through the Department of Justice.”

Rebecca Tushnet’s 43(B)log:  “Today’s the effective date of the Revised Guides.  Emphasizes that the Guides themselves don’t provide for fines, though practices inconsistent with the Guides can result in FTC investigation and possible resulting fines.  Big rule: deceptiveness of endorsement/testimonial depends on the facts.   An endorsement is anything that consumers are likely to believe reflects speaker’s personal views, whether or not identical with the manufacturer’s, whether or not the speaker reads from a script.  Fictional dramatizations and statements by company spokespersons are not endorsements because they’re apparent to the audience.  Endorsements must reflect endorser’s general views and must not contain any express/implied representation that would be misleading if made by the advertiser.  Advertisers can be liable for misrepresentations and for failure to disclose material connections, as can endorsers.”