FTC issued a press release congratulating Maine for repealing its Certificate of Public Advantage COPA law and stated that COPAs can be difficult for states to implement and monitor over time, and are often unsuccessful in mitigating merger-related price and quality
On September 13, 2022, BIS issued an Advanced Notice of Proposed Rulemaking ANPR identifying automated peptide synthesizers as Section 1758 Technologies, particularly as the majority of large-scale production of peptides occurs manually.
Companies marketing their products as Made in USA should consult the FTC’s Enforcement Policy Statement on U.S. Origin Claims and its 2021 Made in USA Labeling Rule to ensure compliance with FTC requirements.
SCOTUS: FTC Has No Authority to Obtain Monetary Relief Under Section 13(b) of the FTC Act Friday, May 14, 2021
The Supreme Court unanimously held that Section 13(b) of the Federal Trade Commission Act does not give the Commission authority to bypass administrative proceedings and seek equitable monetary relief directly from the federal courts.
Section 13(b) of the FTC Act provides that when the Commission “has reason to believe that any person, partnership, or corporation is violating, or is about to violate, any provision of law enforced by the Federal Trade Commission . . . in proper cases the Commission may seek, and after proper proof, the court may issue, a permanent injunction.” For over four decades the Commission has relied on this Section to bring consumer protection and antitrust actions directly before federal courts seeking injunctions and monetary relief, such as restitution and disgorgement, bringing “far more cases in court than it does through the