FTC Announces Rule Targeting Online Food Delivery Service Fees
On April 10, 2026, the Federal Trade Commission (FTC) announced that it plans to issue an Advanced Notice of Proposed Rulemaking (ANPRM) concerning fees charged by online food delivery services.
The ANPRM initiates a preliminary rulemaking process and reflects the FTC’s continued focus on affordability, fee disclosures, and pricing practices. At this stage, the Commission has not proposed specific regulatory requirements or released a draft of the rule.
Chairman Ferguson has been a vocal proponent on fee transparency and enforcement, including the Commission’s January 30, 2026 ANPRM addressing fees in the rental housing market.
The Online Food Delivery Service Fees ANPRM has been submitted to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for review as a significant regulatory action.[1] The FTC will publish the ANPRM following the completion of OIRA’s review. Once released, the ANPRM notice should provide greater insight into the regulatory approach the Commission intends to pursue with respect to fee disclosures and pricing practices in the online food delivery sector.
Companies should note that the ANPRM does not impose new obligations. Any future rule would be subject to notice-and-comment procedures and further Commission action.
[1] Pursuant to Executive Orders 12866 and 14215 agencies are required to submit “significant regulatory actions” to OIRA, eliminating the prior exemption from centralized regulatory review for independent agencies.
