On November 8, 2022, the Federal Trade Commission issued an advance notice of proposed rulemaking that proposed commencing a rulemaking proceeding to address certain deceptive or unfair uses of reviews and endorsements. 87 FR 67424 (Nov. 8, 2022). The Commission solicited written comment, data, and arguments concerning the need for such a rulemaking to prevent unfair or deceptive marketing utilizing reviews and endorsements. The comment period closed on January 9, 2023.

On July 31, 2023, the Commission issued a Notice of Proposed Rulemaking seeking public comments concerning the utility and scope of the proposed trade regulation rule to prohibit the specified unfair or deceptive acts or practices. 88 FR 49364 (July 31, 2023). The comment period closed on September 29, 2023, and FTC staff are reviewing the comments. In response to the proposed rulemaking, three of the more than 100 commenters requested to present their positions at an informal hearing pursuant to Section 18 of the Federal Trade Commission Act, 15 U.S.C. 57a, and the Commission’s Rules of Practice, 16 CFR 1.11(e). They include Fake Review Watch, Interactive Advertising Bureau (IAB) and a group of three researchers at Brigham Young University, Pennsylvania State University, and Emory University. On January 16, 2024, the Commission published in the Federal Register an initial and final notice of informal hearing, which scheduled the informal hearing for February 13, 2024. 89 FR 2526 (Jan. 16, 2024). Hearings were held on February 13, 2024, and March 6, 2024.

On March 15, 2024, the Commission received a petition pursuant to 16 C.F.R. 1.13(e) from IAB requesting that the Commission review Presiding Officer Foelak’s February 23, 2024 Order, which denied IAB’s request to designate an additional issue as a disputed issue of material fact at the informal hearing. On March 22, 2024, the Commission issued an order denying the petition.