FTC Shouldn't Try To Protect Consumers In Foreign Countries

Law360 (March 13, 2020, 6:01 PM EDT) -- On March 4, the Federal Trade Commission announced a settlement with a company over alleged deceptive advertising for a pain relief device.[1] The settlement order was, in many ways, unremarkable and business as usual for the FTC.

For instance, similar to almost all other FTC orders from recent years on health-related advertising, the order imposes clinical testing requirements for certain future claims and extensive record-keeping around clinical studies. The unusual and particularly troubling part of this settlement is the expansive reach of the monetary relief it imposes — specifically, requiring that the company hand over substantial gains from sales to consumers...

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