Kerrigan in Real Clear Policy: Helping or Hurting? New FTC Rules Would Hurt Small Businesses

By SBE Council at 17 May, 2026, 9:20 am

In a Real Clear Policy Op-Ed , SBE Council President & CEO Karen Kerrigan observes that various Federal Trade Commission (FTC) actions are not aligning with President Trump's Executive Orders on regulation.

In his Executive Order "Ensuring Lawful Governance and Implementing the President's Department of Government Efficiency Deregulatory Initiative," President Trump communicated that federal agencies should prioritize the elimination of unnecessary regulations and restore constitutional limits on administrative power. The order directs agencies to identify and rescind regulations and proposals that undermine the national interest, including those that "impose undue burdens on small business and impede private enterprise and entrepreneurship." In the piece, Kerrigan focuses on two regulatory initiatives that remain on the FTC agenda - proposed restrictions on earnings claims advertising and a significant expansion of the agency's existing Business Opportunity Rule. She writes:

"If implemented, the proposals could restrict and undermine small businesses. An outcome that runs counter to the President's rational-regulation agenda being successfully implemented across other federal department and agencies, thus providing the certainty entrepreneurs need to invest, hire, and grow their firms."

Kerrigan argues that the FTC already possesses the authority to weed out deceptive and misleading claims (illegal under existing law) and has strong enforcement tools to pursue bad actors. She maintains that adding layers of complex rules and bureaucracy not only buries small businesses with costly and unnecessary red tape, but works against the FTC's mission of protecting consumers.

Read the full Op-Ed here.