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Nominee will not pledge to oppose FTC earnings-rule proposals; promises to consider direct-selling concerns
Summary
At a Senate confirmation exchange, a senator pressed a nominee to oppose two FTC proposed rules on earnings claims that the senator said would unfairly target Utah—s direct-selling industry; the nominee said he could not commit to a vote but would "give full and fair consideration" to the industry's concerns.
A senator pressed a confirmation nominee about two Federal Trade Commission proposed rulemakings on earnings claims, warning the measures would unfairly target the direct-selling industry and asking the nominee to pledge opposition.
The senator said the industry is large in Utah, representing roughly 38,000 jobs and about $2,700,000,000 in statewide earnings. "These rules unfairly targeted the direct selling industry," the senator said, and asked, "Can you commit to voting against implementing the two proposed rules?"
The nominee declined to pledge a specific vote. "Well, I can't commit to any specific vote, should I be confirmed," the nominee said. He added that if confirmed he would "work with staff to get up to speed on that issue, and approach it with an open mind." When the senator asked for assurance that the nominee would at least consider the industry's concerns, the nominee said he would give them "full and fair consideration," and the senator accepted that response.
The exchange recorded in the transcript focuses on whether the nominee would take a predetermined stance on rulemaking. The senator framed the rules as both an economic threat to local jobs and an example of regulatory overreach; the nominee framed his response around procedural caution, staff review and an openness to stakeholders' views, rather than an early policy commitment.
No formal motion or vote on the proposed FTC rules took place at the hearing. The transcript records the senator—s claims about the size and statewide earnings of the direct-selling industry and the nominee—s refusal to pre-commit to a vote, followed by an assurance to consider the industry—s arguments.
