Tag Archives: ftc

SEC v. Liu supports FTC’s pursuit of restitution in federal court

Federal Trade Comm’n v. Elegant Solutions, Inc., Case No. SACV 19-1333 JVS (KESx), 2020 WL 4390381 (C.D. Cal. Jul. 6, 2020)  I mostly try to find interesting legal issues, but sometimes it’s good to point out the importance of the … Continue reading

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FTC restrains unsubstantiated coronavirus claims

Federal Trade Comm’n v. Golden Sunrise Nutraceutical, Inc., 2020 WL 4501968, No. 1:20-cv-01060-DAD-SKO (E.D. Cal. Aug. 5, 2020)  Dealing with coronavirus-related claims, the court grants a TRO against defendants, including Tieu (president and CEO of the corporate defendants) and Meis … Continue reading

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Selling scammy books is protected by the First Amendment when selling scammy products isn’t

Federal Trade Comm’n v. Agora Financial, LLC, 2020 WL 998734, No. 1:19-cv-3100-SAG (D. Md. Mar. 2, 2020) The defendants do relatively well here by selling scammy and deceptive books. To the extent that the deception is contained in the books, … Continue reading

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FDA/FTC Workshop on a Competitive Marketplace for Biosimilars

FDA Licensure Process and U.S. Biosimilar Markets   [I entered in media res] · Eva Temkin, Acting Director for Policy, Office of Therapeutic Biologics and Biosimilars,  CDER, FDA   · Christine Simmon, Executive Director, Biosimilars Council, AAM: barriers to entry for … Continue reading

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ownership/control of whole company isn’t enough for individual liability under FTCA

F.T.C. v. Quincy Bioscience Holding Co., 389 F. Supp. 3d 211 (S.D.N.Y. 2019) On remand from the Second Circuit, which fixed the mistaken earlier dismissal of this claim against a supplement seller, a principal gets off the hook (for now) … Continue reading

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Legal Applications of Marketing Theory, part 2

Dominique Hanssens, Natalie Mizik, & Lorenzo Michelozzi, UCLA Anderson, Univ of Washington, Cornerstone Research, Brand Value, Marketing Spending and Royalty Rates Brands can create value, but require ongoing marketing. When licensed, disputes can arise about royalty rates and marketing support/maintenance … Continue reading

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Recommended podcast on multilevel marketing

The Dream by Stitcher. Excellent look at how multilevel marketing companies succeed at avoiding regulation and at convincing enough people to try them—and convincing them that their subsequent failure is their own fault and not intrinsic to the model—to make … Continue reading

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Second Circuit summarily reverses bad Prevagen decision on statistical proof

FTC v. Quincy Bioscience Holding Co., 17-3745-cv(L) (2d. Cir. Feb. 21, 2019) Quincy sold Prevagen dietary supplements, claiming (1) that the supplements improve memory and provide other cognitive benefits, (2) that these effects are clinically proven, and (3) that the … Continue reading

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Roca Labs’ weight loss claims are losers, and its gag clause fares no better

FTC v. Roca Labs, Inc., 2018 WL 5629875, No. 15-cv-2231-T-35TBM (M.D. Fla. Sept. 14, 2018) The FTC sued Roca for its advertising and sale of weight-loss products and the use of contractual provisions barring purchasers from providing negative commentary, bringing … Continue reading

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Initial decision in FTC 1-800 case finding that anti-keyword agreements violated antitrust law

Agreed-on limits on advertising, like agreed-on limits on other inputs, risk being a per se violation of the antitrust laws.  Here, a blanket ban, including a negative keyword requirement (so that someone bidding on “contacts” wouldn’t get ads run against … Continue reading

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