Yesterday, less than a week after the Supreme Court’s unanimous decision in AMG Capital Management v. FTC, two Congressional committees zeroed in on the FTC’s hollowed-out Section 13(b) authority, the fate of which now lies squarely with Congress. Leading Democrats in both chambers have expressed the urgent need for legislation to clarify and strengthen
Ninth Circuit Moves Quickly to Apply AMG
The 13(b) dominoes are beginning to fall. Last week, a unanimous AMG Court found that Section 13(b) does not allow for monetary remedies. A panel of the Ninth Circuit, in Federal Trade Commission v. Cardiff et al, quickly took that decision to heart.
In a brief, three-paragraph order, the per curiam panel vacated
Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC
Lina Khan’s nomination to be an FTC Commissioner took an important step forward on April 21 with her testimony before the Senate Commerce Committee. Unsurprisingly, Khan’s testimony underscored her interest in ramping up antitrust scrutiny of large internet platforms.
Khan first rose to prominence in the antitrust world with the publication of her article Amazon’s
Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?
Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as it considers whether to amend Section 13(b) of the FTC Act. As we explained yesterday, in AMG, the Supreme Court definitively (9-0) held that
Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies
This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC. Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral arguments, the Supreme Court found that Section 13(b) of the FTC Act does not allow for monetary remedies.
The Court’s conclusion, stated at the
Earth Day = Green Guides
It’s Earth Day! A perfect day to think about the FTC’s Green Guides, designed to help marketers develop claims about the environmental benefits of their products. The Green Guides address the following types of claims: (a) general environmental benefit claims; (b) carbon offset claims; (c) certifications and seals of approval; (d) “compostable” claims; (e)
With a Supreme Court Decision Pending, Will Congress Intervene to Clarify the FTC’s Enforcement Authorities Under 13(b)?
Updated to reflect introduction of H.R. 2668, the Consumer Protection and Recovery Act by Rep. Cárdenas (D-CA)
As we inch closer to a Supreme Court decision in AMG Capital Management, LLC v. Federal Trade Commission, proponents of a 13(b) legislative fix are moving with a greater sense of urgency. In a Senate Commerce Committee
Deepfake Best Practices Amid Developing Legal Practices
Deepfake technology has significantly improved over the past few years, allowing for mainstream commercial uses. Deepfake technology is the use of synthetic image, video, or audio. While there are good uses such as protecting the identities of whistleblowers or victims and bad uses such as non-consensual pornography and elder fraud, the advertising industry is already
FTC Files First Case Seeking Civil Penalties For Allegedly Deceptive COVID-19 Advertising
The FTC flexed its new-found civil penalty muscle last week by filing the first case pursuant to the COVID-19 Consumer Protection Act, which gives the FTC authority to seek civil penalties for deceptive COVID-related acts and practices. ICYMI, see our blog post about the civil penalty authority here.
Ordinarily, the FTC is only authorized to
Food Industry Regulatory and Litigation Highlights – March 2021
Welcome to our selected regulatory and litigation highlights impacting the food and beverage industry in March 2021. The food court saw its own brand of March Madness with disputes over food delivery fees kicking off this month’s update.
Litigation Developments
Hidden Delivery Fees
A number of suits were filed in March regarding undisclosed delivery fees.