Manchin’s Build Back Better Battle Could Sink Restoring FTC Monetary Relief Authority
Members of Congress in favor of giving FTC authority to impose monetary relief orders against firms linked to false advertising likely were caught off guard when West Virginia Democrat said he wouldn’t vote for legislation with $2.2 trillion for climate change, tax and social programs that President Biden made a primary plank of his Capitol Hill strategy and that the House passed in November.
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Biogen is making clear that its decision to cut the price of the Alzheimer’s therapy Aduhelm is in no way tied to the upcoming US Medicare coverage decision for the treatment. But it still shows how Medicare can already ‘negotiate’ prices even without explicit statutory authority.
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.
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.