High Court's AMG Ruling Could Hinder FDA Enforcement
By Joshua Oyster and Jenna McCarthy (May 5, 2021, 6:10 PM EDT) -- On April 22, the U.S. Supreme Court unanimously held in AMG Capital Management v. Federal Trade Commission that the FTC's authority under Section 13(b) of the FTC Act does not grant the agency the right to seek equitable monetary relief such as disgorgement or restitution.
The import of this decision is that the FTC, in order to obtain monetary relief for unfair and deceptive trade practices, must avail itself of its administrative procedures first under other provisions of the FTC Act, and can no longer seek such relief directly through a lawsuit in the federal courts.
Given the similarities between the...
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