There is a body of actually elected officials whose job is to create legislation to enact public policies. The FTC is neither elected nor capable of creating legislation. This is an overreach of their power and will likely be ruled as such in court.

The same thing happened with Roe; it is not the job of the Supreme Court to enact public policy. That is for the legislature to do. If you talk to anyone in law, they will tell you that, regardless of their personal opinion on abortion, Roe is perceived as one of the worst court rulings ever because it was specifically designed to “legislate through the court”. Here we are in the same position again, with a non-legislative body enacting public policy; we don’t learn.