United States:
Third Circuit Rejects Courts' Authority To Award Monetary Relief Under Section 13(b) Of The FTC Act
13 October 2020
Reed Smith
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On September 30, 2020, the United States Court of Appeals for
the Third Circuit reversed a historic district court award ordering
disgorgement of $448 million in profits to consumers of
testosterone replacement drugs under Section 13(b) of the Federal
Trade Commission (FTC) Act, adding fuel to the fire of the current
circuit split over this section's interpretation. We outline
the key details and offer our analysis of the issue in our client alert.
This article is presented for informational purposes only
and is not intended to constitute legal advice.
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