Federal Trade Omissions

Last week, President Trump fired both Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter – yet another move to consolidate executive power and exert control over independent agencies. The legal and political fallout is expected to be substantial, setting off months or even years of litigation that could potentially result in redefining the autonomy of independent commissions.

The firings follow a broader effort by the administration to assert control over independent agencies. Last month, Acting Solicitor General Sarah Harris sent a letter to Senator Richard Durbin (D-Ill.) signaling the DOJ’s intention to ask the Supreme Court to overturn Humphrey’s Executor, a legal precedent limiting the ability for the president to fire members of independent agencies at will. Trump also signed an executive order in February requiring independent agencies like the FTC, FCC and SEC to submit proposed regulations to the White House for review and consultation.

Expected rulings on Humphrey’s Executor could fundamentally alter the structure of independent commissions, rendering them mere extensions of presidential policy making. For the FTC in particular, this upheaval may cast doubt on the Commission’s very governance, with Democrats in Congress likely to contest the validity of decisions made without a full slate of commissioners. If the courts agree, it could render decisions made without commissioners Bedoya and Slaughter legally suspect.

The debate over ultra-processed foods in schools is heating up, as numerous states advance legislation targeting the nutritional quality of school meals. Our Food & Ag team provides a roundup of the latest:

• At the national level, calls for tighter restrictions on UPFs in school lunches are being led by Health & Human Services Secretary Robert F. Kennedy, Jr., Agriculture Secretary Brooke Rollins and other advocates for reforming school nutrition programs and government food assistance policies.

• The Arizona state House passed the "Arizona Healthy Schools Act” which aims to ban UPFs from school cafeterias. The bill prohibits schools participating in federally funded or assisted meal programs from serving food containing certain food ingredients and food dyes. Alex Clark, a prominent Make America Healthy Again advocate and Arizona resident, spoke in favor of the bill, describing UPFs as “deadly.” 

• West Virginia signed a bill yesterday, making it the first state to ban several widely used food dyes. House Bill 2354 prohibits the use of specific artificial food dyes in products sold in West Virginia stores and school meals by 2028.

• California is also entering the fray, with legislation recently introduced by Democratic lawmaker, Assemblymember Jesse Gabriel. The proposed Assembly Bill 1264 aims to curtail the sale of UPFs statewide and, if enacted, would establish the first-ever statutory definition for UPFs.

For more food news like this, subscribe to FGS Global’s weekly newsletter, What We’re Watching In Food & Ag.

At a time when high-stakes battles and unexpected upsets dominate the headlines, and alliances seem to shift daily, it can be hard to predict what’s coming next. But it’s not just the political landscape keeping us on edge – this time, we’re talking about March Madness. 

In the midst of this year’s NCAA basketball tournaments, our Research and Insights team has gathered the data on how Americans are engaging with the event. Here’s what they’ve found:

• Viewership: 

  • 54% of Americans don’t plan on watching. 

  • 43% plan to watch either on TV (27%) or stream online (16%).

  • 13% will watch the game in-person with friends and family (down 5% from last year).

  • 11% plan to watch at a bar or restaurant.

• Bracket participation:

  • 9% of adults create a men’s bracket every year.

  • 4% of adults create a women’s bracket every year.

  • 17% create a bracket only some years.

• Demographics:

  • 13% of adults under 45 are likely to create a men’s basketball bracket every year.

  • 6% of adults 45+ are likely to create a men’s basketball bracket every year.

  • 35% of men and 19% of women create a men’s basketball bracket yearly or occasionally.

  • 19% of men and 14% of women create a women’s basketball bracket yearly or occasionally.

• Motivations for creating a bracket: 

  • 33% are motivated by the glory of winning.

  • 27% are motivated by the chance to win money.

  • 23% create a bracket because other people are doing it.

  • 83% say supporting a specific school’s team is only a minor reason (41%) or non-existent reason (42%).

• Views on gambling:

  • 56% consider March Madness a form of gambling

  • 21% say it's not gambling.

  • 22% say it depends on the amount of money.

  • 43% support legalizing sports betting for college sports and 58% for professional sports.

This year, FGS Global has 362 entries across the men’s and women’s pools (256 in men’s, 106 in women’s). Seven FGSers are in the 99th percentile with their women’s brackets, and six in the men’s. Events specialist Julie Gouss leads the pack in the women’s bracket at 99.9%, with media monitoring analyst Celeste Williams also at 99.9 in the men’s.