The CFTC's Division of Market Oversight issued the advisory on September 22, 2026, warning that settlement of these contracts depends on a person's discrete conduct that may be neither independently generated nor externally verifiable, creating a heightened manipulation risk. The advisory outlines limited circumstances under which mention market contracts may be listed consistently with the Commodity Exchange Act and Commission regulations, lists factors for DCMs to consider under Regulations Sections 40.2 or 40.3, and reminds DCMs of their Core Principle 3 obligation to list only contracts not readily susceptible to manipulation, with complete contract-specific analysis required under Part 40.

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