The Federal Trade Commission turns to Congress to recover its “strongest tool” to help consumers after the Supreme Court strikes its interpretation of a regulation it’s used for decades to require monetary relief from businesses across US industries linked to false advertising for products and services.
FTC Will Ask Congress To Sharpen Monetary Relief Authority Dulled By Supreme Court Ruling
Justice Breyer suggests FTC ask Congress to strengthen its enforcement rules. It is “free to ask Congress to grant it further remedial authority,” according to court opinion stating a rule the FTC has wielded for forty years to impose financial penalties doesn’t grant it authority to obtain equitable monetary relief.
More from Legal
More from Policy & Regulation
FTC seeks comment on three proposals to “strengthen the agency’s tools to curb deceptive earnings claims in industries where they are pervasive: multi-level marketing programs and money-making opportunities.” However, Republican members say they’ll reconsider the proposals as a majority after Trump takes office.
In response to an IPA Europe complaint, European Ombudsman Emily O’Reilly finds that the Commission’s interpretation of EU food legislation in relation to probiotics is “reasonable and in line with the main goal of this legislation, which is to ensure a high level of consumer protection.”
Vitamin, mineral and supplement products “may bear nutrient content claims, including ‘healthy,’’ if they meet structure/function claim criteria “without being subject to the requirements of the ‘healthy nutrient content claim” stated in the final rule FDA published recently.