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FTC Submits Draft ANPRM on Online Food Delivery Service Fees for OMB Review

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Summary

The FTC submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) related to online food delivery service fees to the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) for review. OIRA determined this is a significant regulatory action under Executive Orders 12866 and 14215 requiring review before the FTC issues the ANPRM. The Commission voted 2-0 to refer the ANPRM to OMB.

What changed

The FTC has submitted a draft ANPRM on online food delivery service fees to OIRA for review as a significant regulatory action under Executive Orders 12866 and 14215. This pre-rule submission indicates the FTC is considering formal rulemaking authority to address how online food delivery platforms disclose and structure service fees to consumers.

Affected parties including online food delivery platforms and restaurants using these services should monitor for the forthcoming ANPRM, which will likely seek public comment on fee transparency, disclosure requirements, and potential unfair or deceptive practice standards specific to online food delivery pricing.

What to do next

  1. Monitor for the published ANPRM and public comment opportunity
  2. Review current food delivery fee practices in anticipation of potential disclosure requirements

Archived snapshot

Apr 12, 2026

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Tags:

Executive Orders 12866 and 14215 require all executive branch departments and agencies to submit their proposed and final “significant regulatory actions” for review by OIRA. OIRA determined that the planned ANPRM is a “significant regulatory action” and must undergo review before the FTC issues it.

The Commission vote to refer the ANPRM to OMB was 2-0.

The Federal Trade Commission works to promote competition and protect and educate consumers. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.

Contact Information

Media Contact

Mitchell J. Katz Office of Public Affairs 202-257-3814

Related actions

Topics

Protecting Consumers

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Last updated

Classification

Agency
FTC
Published
April 1st, 2026
Instrument
Notice
Legal weight
Non-binding
Stage
Consultation
Change scope
Minor

Who this affects

Applies to
Retailers Consumers Technology companies
Industry sector
4541 E-Commerce
Activity scope
Online marketplace operations Service fee disclosure Consumer pricing
Geographic scope
United States US

Taxonomy

Primary area
Consumer Protection
Operational domain
Compliance
Compliance frameworks
Dodd-Frank
Topics
Consumer Finance Antitrust & Competition Data Privacy

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