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ʕ •ᴥ•ʔ spotify: https://koala.lnk.to/spotify instagram: https://koala.lnk.to/instagram lyrics: I want your things in my room, I miss you all of the time I stalk myself on the internet just to see what you’ll find I want your things in my room, I miss you all of the time You make it look so easy, leaving everything behind Ooh-ooh-ooh, ooh I like when it’s dark out, October will cure me I’m walking these woods, am I 30 or 13? Not asking for much, man, thought maybe you’d call me I’d slit my own throat just to see if you’d mourn me, yeah I want your things in my room, I miss you all of the time I stalk myself on the internet just to see what you’ll find I want your things in my room, I miss you all of the time You make it look so easy, leaving everything behind Oh-oh, oh, oh Oh-oh, oh, oh Oh-oh, oh, oh I want your things in my- Oh-oh, oh, oh Oh-oh, oh, oh Oh-oh, oh, oh I want your things in my- You look so cool getting high No handlebars, you wanna fly You look so cool, I wanna die Is it too soon to say what’s on my mind? Oh-oh, oh, oh Oh-oh, oh, oh Oh-oh, oh, oh I want your things in my- Oh-oh, oh, oh Oh-oh, oh, oh Oh-oh, oh, oh I want your things in my- Submit music and artwork here https://submit.koalakontrol.com #music #sad #lyrics

A Utah federal judge recently dismissed Xlear, Inc.’s lawsuit challenging the Federal Trade Commission’s (FTC) long-standing requirement that advertisers substantiate health-related claims, finding that Xlear’s challenge was not ripe for judicial review. Because Xlear could not identify a final agency action that had a concrete impact on Xlear’s advertising, the court concluded that Xlear’s dispute was hypothetical and based on “abstract disagreements.”

As previously discussed, Xlear argued that the FTC’s substantiation standard exceeds the plain language of Sections 5 and 12 of the FTC Act and that the Supreme Court’s decision in Loper Bright—scaling back court deference to agency interpretations of statutes—undermined prior decisions interpreting the FTC Act to impose the substantiation requirement. The court, however, refused to reach the merits of Xlear’s challenge and dismissed the case without prejudice for lack of subject-matter jurisdiction.

Although the decision leaves the FTC’s existing substantiation framework intact, it does not resolve the broader question of whether that framework exceeds the agency’s statutory authority. Xlear’s Loper Bright argument may ultimately prove more consequential in a future FTC enforcement action, as courts continue to grapple with the scope of the agency’s authority and the deference owed to its interpretation of the FTC Act.

Xlear Challenges FTC Advertising Substantiation Requirements

Xlear filed the lawsuit after the FTC voluntarily dismissed with prejudice the agency’s earlier enforcement action against the company in March 2025 for making unsubstantiated health claims about its sinus health product. In its suit challenging the government, Xlear sought a declaration that Sections 5 and 12 of the FTC Act do not impose an affirmative substantiation requirement and, alternatively, that the provisions do not require advertisers to possess randomized controlled trials (RCTs) as proof that a health claim is not deceptive.

Because the FTC Act prohibits deceptive or unfair practices—not unsubstantiated claims—Xlear contended that the FTC’s claim substantiation guidance created a de facto binding rule that went beyond the authority granted by Congress. Xlear alleged that the prospect of future FTC enforcement, together with the agency’s 2022 Health Products Compliance Guidance, chilled its ability to advertise the benefits of its products.

Court Finds Xlear’s FTC Challenge Premature

Judge David Barlow concluded that Xlear had not identified a final agency action that was currently reviewable. The court emphasized that the FTC’s 2022 guidance expressly states that it is intended as business guidance and does not have the force or effect of law. The court also found that the FTC’s 2020 warning letter did not impose legal consequences on Xlear and addressed claims Xlear had previously made, rather than the future claims at issue in the new lawsuit.

Because there was no pending FTC administrative proceeding or enforcement action against Xlear, the court found that deciding whether Xlear’s possible future advertising claims would violate the FTC Act would amount to a premature adjudication of an abstract dispute. The fact that Xlear may “feel constrained” by agency guidance “does not change the fact that the guidance is not an order compelling the regulated entity to do anything.”

Loper Bright Argument Remains Unresolved

The court also rejected Xlear’s reliance on Loper Bright at this stage, explaining that it was determining ripeness and addressing the standard for a facial challenge—not interpreting the FTC Act or deferring to the FTC’s interpretation of it.

It seems more likely that the Loper Bright argument that Xlear wanted to press will ultimately get made in the context of another company’s defense against an FTC Action, rather than through affirmative litigation against the FTC.

FTC Health Claims Guidance Remains Intact

The decision leaves the FTC’s existing substantiation framework undisturbed, but it does not resolve Xlear’s central argument that the framework exceeds the FTC’s authority under Sections 5 and 12 of the FTC Act. Given the Supreme Court’s ruling in the Slaughter case, the FTC’s role in the administrative state is under discussion, which will impact how much deference courts give the agency’s interpretation of the FTC Act. For now, advertisers should continue to account for the FTC’s existing substantiation guidance when making health-related claims.

For more insights into advertising law, bookmark the All About Advertising Law blog and subscribe to our monthly newsletter. To learn more about Venable’s Advertising Law services, click here. And listen to the Ad Law Tool Kit Show—a podcast from Venable.

Most emerging electronic artists are forced into the hardest part of the market too early. A track can be finished, exciting, and ready for the right DJ or label, then still get buried the second it enters the same feed as established artists, larger campaigns, existing fan bases, and records with months of data already […]

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Some songs are built around the chase. “Trouble” is built around the moment after it ends. CHETTI’s new track closes Much Love, Chetti, Vol. 1 with a feeling of exposure. The story has stopped moving fast enough to blur the edges, and what was being carried finally has to be seen. That is the tension […]

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NoCopyrightSounds (NCS): Copyright free music for creators. Download & use this track for free in your next video → http://ncs.io/thisfeeling Stream here → http://ncs.lnk.to/thisfeeling Download other NCS music for free to use in your next video → https://ncs.io Follow NCS on Spotify → http://ncs.lnk.to/Spotify – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – [NCS] https://ncs.io https://ncs.lnk.to/Spotify https://instagram.com/nocopyrightsounds https://tiktok.com/@nocopyrightsounds [Reece Rosé] • https://www.instagram.com/djreecerose • https://soundcloud.com/djreecerose • https://www.tiktok.com/@djreecerose [STREETSINEZ] • https://www.instagram.com/streetsinez • https://soundcloud.com/streetsinez • https://www.tiktok.com/@streetsinez Visualiser by: dotGet • https://youtube.com/@dotget – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Message to all creators All NCS music is copyright free and safe for you to use on platforms like YouTube, TikTok and Twitch. You may not use any track for the purpose of creating a listening experience (i.e., a music video) where the music is the primary focus of the video. Please refer to our usage policy for our terms of use and how to use NCS music in your videos → http://ncs.io/UsagePolicy. – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – How to credit this track & artist(s) When you are using this track, please add this in your description: Track: Reece Rosé, STREETSINEZ – This Feeling Music provided by NoCopyrightSounds. Watch more NCS on YouTube: https://NCS.lnk.to/YouTubeAT Free Download / Stream: http://ncs.io/thisfeeling – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Rec-ID: rechQnBqVUGKdRrY5 #nocopyrightsounds #copyrightfree #royaltyfree

ItsArius, Lynnic, Vancouver Sleep Clinic – Lapse Curated by Get the sound. ItsArius Instagram: https://www.instagram.com/itsarius/ Spotify: https://open.spotify.com/intl-fr/artist/6ObJnVTLETeHSeKhYreB27 Apple Music: https://music.apple.com/us/artist/itsarius/1479885371 Lynnic Instagram: https://www.instagram.com/lynnicmusic Spotify: https://open.spotify.com/intl-fr/artist/1jpObIFmNOGfBc93WowfkT Apple Music: https://music.apple.com/us/artist/lynnic/1433973867 Vancouver Sleep Clinic Instagram: https://www.instagram.com/vancouversleepclinic Spotify: https://open.spotify.com/intl-fr/artist/77BznF1Dr1k5KyEZ6Nn3jB Apple Music: https://music.apple.com/us/artist/vancouver-sleep-clinic/682047835 Get the sound https://getthesound.komi.io/ https://www.instagram.com/getthesound/ Get the sound is an independent electronic music label and curator based in Paris. We discover, curate and release house music while creating visual experiences in unexpected locations. Subscribe for weekly mixes, live sessions, visualizers and exclusive releases. ©get the sound