Is Federal Trade Commission at War with the Dietary Supplement Industry?

In an extraordinary departure from accepted political norms, on Feb. 15, 2023, Christine Wilson, a Republican-appointed commissioner at the Federal Trade Commission (“FTC”), announced her impending resignation from her post in an op-ed published in The Wall Street Journal.
What made the announcement so extraordinary was her accusations that FTC Chairperson Lina Khan had dramatically altered the inner workings of the agency to stifle dissent, fairness and objectivity. According to Wilson, since Khan’s assent to power, internal surveys of FTC staff had shown a drastic reduction (from 87% to 49%) in the belief that FTC officials maintained high standards of honesty and integrity.
Commentators have picked up on Wilson’s remarks and expressed their own concerns about Khan’s stewardship of the agency. For example, in a column published on March 3, 2023, in The Wall Street Journal, Robert H. Bork Jr. noted that “[FTC] policies long subject to notice and comment are altered or rescinded with little or no internal or external input.”
Of course, with the change in administrations from President Donald Trump to President Joe Biden, it can surely be expected that federal agencies will undergo changes in leadership, direction and outlook. In FTC’s case, the change appears especially dramatic, particularly regarding antitrust policy. For example, in her Sept. 22, 2021, policy memorandum, Khan broke sharply with the traditional antitrust focus of looking at consumer harm. She asserted a “holistic” approach that also focuses on the harm to independent businesses and workers.
Khan further extols her staff to focus on “private equity” and to examine “contract terms,” which she feels may be unfair or deceptive. In short, from the perspective of business owners and executives, an old saying that “there’s a new sheriff in town” has taken on a particularly strident meaning when looking at Khan’s agency.