FTC Gains Power to Ban Gun Marketing Aimed at Minors Using Cartoons and Free Merch

The new Protecting Kids from Gun Marketing Act is straightforward: it tells the Federal Trade Commission (FTC) to create new rules banning gun manufacturers, dealers, and importers from advertising or marketing firearms and related gear in ways that specifically target people under 18. This isn't just a suggestion; the FTC has one year to draft these legally binding rules. If you’re a parent, this bill aims to stop the industry from using tactics that appeal directly to your kids, treating gun ads more like tobacco or alcohol ads when it comes to minors.

Drawing the Line on Kid-Appealing Ads

So, what exactly counts as marketing aimed at kids? The bill spells out a few things the FTC must look for. If an ad uses cartoon characters, caricatures, or internet memes that look like they’re aimed at minors to push a gun or accessory, that’s out. Offering free stuff like hats or shirts to minors that promote a firearm is also banned. This means no more free branded swag at events that could end up on the back of a middle schooler. The rules also target the products themselves: guns or accessories with features, sizes, or designs specifically made for or meant to appeal to kids are forbidden from being marketed this way. They can’t even show photos of minors using or handling the products in ads.

New Teeth for Enforcement: Who’s Watching?

This bill gives the FTC significant new authority. Any violation of these new rules will be treated as an unfair or deceptive business practice, meaning the FTC can use its full suite of enforcement tools—the same ones they use against companies making false claims about weight loss pills or misleading warranties. But the enforcement doesn't stop there. State Attorneys General can also sue companies in federal court if they believe their residents are being harmed by a violation, seeking to stop the activity or get restitution for consumers. This dual-enforcement model means companies have two different government bodies watching them.

The Private Right to Sue

Perhaps the most impactful provision for everyday people is the private right of action. If you, as an individual, are harmed because a company broke these new gun marketing rules, you can sue them directly in federal court. The bill explicitly states that being harmed as a foreseeable result of a rule violation counts as a specific, recognized injury that allows you to bring a lawsuit. For example, if a company markets a product designed to appeal to minors, and that product ends up causing a foreseeable injury, the victim could use this provision to seek compensation. This is a big deal because it puts enforcement power not just in the hands of government agencies, but in the hands of the public.

The Fine Print and Potential Headaches

While the intent is clear—protecting kids—the FTC will have to navigate some tricky territory when defining what is 'kid-appealing.' What exactly counts as a design 'specifically made for kids' on a firearm accessory? What if an ad uses a popular internet meme that appeals to both adults and teens? These are the kinds of questions the FTC will have to answer in its rulemaking process, and how they define these terms will determine how much this law actually restricts marketing. For manufacturers and dealers, this means a new layer of regulatory scrutiny and the potential for lawsuits from both the government and private citizens if they misstep.