The U.S. Supreme Court’s decision in AMG Capital Management v. FTC found that Section 13(b) of the FTC Act does not grant the Federal Trade Commission the right to seek equitable monetary relief such as disgorgement or restitution.
Given the similarities between the injunction provisions in the FTC Act and the Federal Food, Drug, and Cosmetic Act (FDCA), this decision likely has significant implications for the use of disgorgement and restitution by the government in FDCA injunction cases going forward.
In a Law360 article, life sciences regulatory & compliance associates Joshua Oyster and Jenna McCarthy (both of Washington, D.C.) summarize how disgorgement and restitution have been used in FDCA cases historically and examine the implications of the Supreme Court’s recent decision for FDA enforcement.
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