FTC Announces Tentative Agenda for September 14 Open Meeting

Today, Federal Trade Commission Chair Lina M. Khan announced that an open meeting of the Commission will be held virtually on Thursday, September 14, 2023. The open meeting will commence at 11 a.m. ET and will begin with time for members of the public to address the Commission.

The following items will be on the tentative agenda for the September 14 Commission meeting:

Business Before the Commission:

• Improper Listing of Patents in the Orange Book: The Commission will consider whether to issue a policy statement concerning the improper listing of patents in the Food and Drug Administration’s publication of Approved Drug Products With Therapeutic Equivalence Evaluations, commonly known as the “Orange Book.” The policy statement will discuss whether improper listing of patents in the Orange Book may increase the cost of and reduce access to essential prescription drugs, imposing costs on individuals and society alike. The policy statement also assesses whether the listing of patents in the Orange Book that do not comport with listing requirements may constitute an unfair method of competition.

• Protecting Kids from Stealth Advertising in Digital Media: The Commission will vote on whether to release a staff perspective and recommendations on the blurring of advertising and content on digital media and how it affects kids, including teens. This staff perspective builds on an October 19, 2022 event that staff hosted to survey existing research, understand the potential harms to kids from blurred advertising, and discuss possible solutions.

At the start of the meeting, Chair Khan will offer brief remarks and will then invite members of the public to share feedback on the Commission’s work generally and bring relevant matters to the Commission’s attention. Members of the public must sign up for an opportunity to address the Commission virtually at the September 14 event.

Each commenter will be given two minutes to share their comments. Those who cannot participate during the event may submit written comments or a link to a prerecorded video through a webform. Speaker registration and comment submission will be available through Tuesday, September 12, 2023 at 8 p.m. ET.

A link to the event will be available on the day of the open meeting, shortly before it starts via FTC.gov. The event will be recorded, and the webcast and any related comments will be available on the Commission’s website after the meeting. The Commission retains discretion to make public comments available following the event on ftc.gov.