On April 22, 2021, the United States Supreme Court unanimously ruled that § 13(b) of the Federal Trade Commission Act does not permit the Federal Trade Commission (FTC) to seek, or a court to award, equitable monetary relief (e.g., restitution or disgorgement). This decision denies the FTC one of its most important enforcement tools, one … Continue Reading
On September 30, 2020, the United States Court of Appeals for the Third Circuit reversed a historic district court award ordering disgorgement of $448 million in profits to consumers of testosterone replacement drugs under Section 13(b) of the Federal Trade Commission (FTC) Act, adding fuel to the fire of the current circuit split over this … Continue Reading