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FTC Returns Nearly $1M To Consumers Duped By NutraClick, A Relic Of Section 13(b) Authority

Executive Summary

The agency laments that such refunds to wronged consumers will be more difficult to provide since the US Supreme Court ruled in 2021 that it lacks authority under Section 13(b) of the FTC Act to seek monetary relief in federal court. NutraClick has agreed to be banned from negative option marketing as part of its September 2020 settlement with the FTC.

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