FTC’s Monetary Relief Claims Dismissed In Prevagen Fraud Case; Supreme Court Decision Cited
The Federal Trade Commission’s claim for monetary relief against the Prevagen memory supplement marketer is dismissed by a New York district court judge, who cites a recent Supreme Court decision gutting the FTC’s long-favored mechanism for collecting monies under the FTC Act.
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House already passed legislation to amend Sec. 13(b) of FTC regulations and make explicit its authority to obtain injunctive and equitable relief in court, but differences in Democrat and Republican commission appointees' views on the authority was a key topic of discussion during a recent Energy and Commerce hearing.
Lawmakers disagree whether legislation to amend an FTC regulation to grant the commission authority to pursue monetary remedies should be retroactive, which would impact approximately 75 pending federal court cases alleging violations.