Insights

Last week during the National Advertising Division 2026 Annual Conference, the Federal Trade Commission (FTC) provided insights on its enforcement priorities, and the National Advertising Division (NAD) provided updates on recent cases and procedural updates. 

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates.

The Federal Trade Commission (FTC) and National Advertising Division (NAD) of BBB National Programs laid out their enforcement priorities during the 2025 ANA Masters of Advertising Law Conference, at which Crowell & Moring attorneys spoke on and attended various panels.

This week the Federal Trade Commission (FTC) issued a statement regarding the acquisition of Fairfield Medical Center by Adena Health, extended the public comment period on its proposed enforcement policy statement regarding personalized pricing, and announced a settlement with a payment processor to implement merchant screening practices and pay millions over charges of facilitating merchant fraud. More on these stories after the jump.