Trump v. Slaughter · ¶74

First, the FTC has the power to promulgate substantive rules that carry the force of law. In the consumer-protection realm, for instance, the FTC is tasked with giving content to the startlingly abstract idea of “acts or practices which are unfair or deceptive.” 15 U. S. C. §57a(a)(1)(B). In other areas, it must, for example, determine what “documentary material and information” one company must provide when it wishes to acquire another, §18a(d), decide when and how websites must seek “verifiable parental consent” when their services collect children’s personal information, §6502(b), and “prescribe as necessary or appropriate in the public interest or for the protection of United States citizens” rules barring the use of any “manipulative” technique in the sale of gasoline, 42 U. S. C. §17301. The power to flesh out such statutory regimes—and to do so through discretionary actions,…

slip opinion, revised 7/07/26
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