Executive Summary
Proposed settlement with Rejuvica includes requirements FTC is authorized to impose under Opioid Addiction Recovery Fraud Prevention Act in addition to typical prohibitions imposed under FTC Act against false advertising in general area of consumer health care.
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Amid period of 3-0 decisions by commission, President Biden nominates two state solicitor generals for vacant FTC seats, both reserved for GOP appointments. Virginia’s Andrew Ferguson previously clerked for Justice Thomas and was Senate GOP leader McConnell’s chief counsel; Utah’s Melissa Holyoak led a conservative advocacy group focused on fighting class action lawsuits and aggressive regulation.
While Michael Connors didn’t try something new in marketing Smoke Away brand products linked to his current regulatory problems, FTC enforcement was first against false advertising for smoking cessation under Opioid Addiction Recovery Fraud Prevention Act passed in 2018.
“The rule would capture misrepresentations regarding the underlying product or service wholly unrelated to the negative option feature,” says Christine Wilson in dissenting statement on FTC’s notice of proposed rulemaking.
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