Discussion about advertising regulations in the Financial Bills

flysarescary

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Sep 15, 2008
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Here are the relevant bills:

H.R.4173: Wall Street Reform and Consumer Protection Act of 2009 - U.S. Congress - OpenCongress
S.3217: Restoring American Financial Stability Act of 2010 - U.S. Congress - OpenCongress

The House Bill 4173 contains the expansion of FTC powers. The Senate bill does not currently have the expansion of the power.

The relevant section in HR 4173 is Section 4901:

"Subtitle I—Improvements to the
2 Federal Trade Commission Act
3 SEC. 4901. AMENDMENTS TO THE FEDERAL TRADE COM4
MISSION ACT.
5 (a) Section 5(m)(1)(A) of the Federal Trade Com6
mission Act (15 U.S.C. 45(m)(1)(A)) is amended—
7 (1) by inserting ‘‘this Act or’’ after ‘‘violates’’
8 the first place such term appears; and
9 (2) by inserting ‘‘a violation of this Act or is’’
10 before ‘‘prohibited’’.
11 (b) Section 5 of the Federal Trade Commission Act
12 (15 U.S.C. 45) is amended by adding at the end thereof
13 the following new subsection:
14 ‘‘(o) UNLAWFUL ASSISTANCE.—It is unlawful for any
15 person, knowingly or recklessly, to provide substantial as16
sistance to another in violating any provision of this Act
17 or of any other Act enforceable by the Commission that
18 relates to unfair or deceptive acts or practices. Any such
19 violation shall constitute an unfair or deceptive act or
20 practice described in section 5(a)(1) of this Act.’’.
21 (c) Section 18 of the Federal Trade Commission Act
22 (15 U.S.C. 57a(b)) is amended—
23 (1) by amending subsection (b) to read as fol24
lows:
HR 4173 IH
1 ‘‘(b) PROCEDURE APPLICABLE.—When prescribing a
2 rule under subsection (a)(1)(B) of this section, the Com3
mission shall proceed in accordance with section 553 of
4 Title 5 (without regard to any reference in such section
5 to sections 556 and 557 of such title).’’;
6 (2)(A) in subsection (d), by striking all that
7 precedes paragraph (3);
8 (B) by striking subsections (c), (f), (i), and (j);
9 and
10 (C) by redesignating subsections (e), (g) and
11 (h) as subsections (d), (e) and (f);
12 (3) by redesignating paragraph (3) of sub13
section (d) as subsection (c); and
14 (4) in subsection (d) (as redesignated)—
15 (A) in paragraph (1)(B), by striking ‘‘the
16 transcript required by subsection (c)(5),’’;
17 (B) in paragraph (3), by striking ‘‘error)’’
18 all that follows and inserting ‘‘error).’’; and
19 (C) in paragraph (5), by striking subpara20
graph (C)."
Here is a summary of the FTC relevant points in HB4173:

1. Allows the FTC chairmen tro create new rules and regulations without any other oversight.

2. Aiding and abetting regulations allow the FTC to charge all parties involved with a violations, including publishers, agencies and service providers involved with a regulation violation.

3. Prior to the restrictions placed on the FTC, the FTC pursued a policy of investigating and regulating a wide variety of industries including gasoline additives, eyeglasses, and paperback-book distribution. This list would probably be expanded to virtually all COMPANIES THAT MAKE ANY SORT OF HEALTH RELATED CLAIMS, FORCING THEM TO PROVIDE CLINICAL TRIAL DATA FOR ANY SORT OF CLAIMS, including obvious ones like a diet high in fiber can lower cholesterol.

5. Possibly most importantly: Finally, Woolley’s testimony gave voice to the DMA’s opposition to proposals that would grant the FTC independent litigating authority to seek civil penalties. According to Woolley, such proposals would remove the current requirement that the FTC provide the Department of Justice with 45 days to determine whether it will take a case on behalf of the FTC.

You can read more here: DMA’s Woolley Asks Senate to Limit FTC Power Expansion

If someone can find the recent example of FDA regulating a food companie's advertising copy because it's claims fell (not really) into the category of the effects of a drug, that would be great. I couldnt find it:

FDA Policy of fining companies for "therapeutic" language:
FDA Running Extortion Racket: Natural Supplement Companies Threatened with Arrest if They Don't Pay Up

Here are some petitions that I suggest you guys send to your representatives:

https://secure3.convio.net/aahf/site/Advocacy?cmd=display&page=UserAction&id=543

There srsly needs to be a video undercover investigation of atleast the FDA. Good job mainstream media on having 0 investigations of government organizations. Fucking hacks