High Court's AMG Ruling Could Hinder FDA Enforcement

Law360 (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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!