Does the FTC actually have the power to set rules like this effectively now that Chevron deference isn't a thing? I'd imagine e.g. the New York Times, among others, will quickly sue to stop this, no?
Chevron deference is about statutory interpretation so it really depends on the statue they are doing it under and any ambiguities that arise around the ability to do this. It may be clearly covered or it may not be, we would have to look. And if there are ambiguities it may go the way of the FTC, but since Chevron is gone, not automatically.