Go to Article
Excerpt from martech.orgU.S. Supreme Court rulings don’t often impact marketing, but a decision handed down last month likely will. Lober v. Raimondo sharply curtails the power of federal regulators — like the FTC and FCC — saying federal courts should no longer defer to them when interpreting laws.
Chief Justice John Roberts said federal judges “must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.” The decision overruled the landmark 1984 decision in Chevron v. Natural Resources Defense Council, which said judges should defer to the executive branch when laws passed by Congress are ambiguous.
The new ruling increases the likelihood of people and brands winning lawsuits over regulatory decisions. And, of course, regulators created a lot of rules around advertising. Some of these are industry-specific, like disclosure requirements for the financial and pharmaceutical industries. Others are broader, like the FTC’s rulings around truth in advertising.
