The Federal Trade Commission and a group of seven state enforcers filed a complaint in federal district court against Vyera Pharmaceuticals, LLC, alleging an elaborate anticompetitive scheme to preserve a monopoly for the life-saving drug, Daraprim. The Commission vote to issue the complaint was 5-0. The complaint was filed on Jan. 27, 2020, in the U.S. District Court for the Southern District of New York. In a Jan. 14, 2022 ruling, U.S. District Court Judge Denise Cote found Shkreli’s conduct “egregious, deliberate, repetitive, long-running, and ultimately dangerous.” Judge Cote banned Shkreli for life from the pharmaceutical industry.
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FTC to Host Public Workshop on Proposed Changes to Its Ophthalmic Practice Rules, also Known as the Eyeglass Rule, in May in Washington, DC
In March 2023, the FTC took action under the Opioid Addiction Recovery Fraud Prevention Act, suing Dr. Dalal A. Akoury and a set of companies she controls that operate as AWAREmed Health & Wellness Resource Center, a medical clinic, for making a wide range of false or unsupported claims for addiction treatment services, cancer treatment services, and the treatment of other serious conditions. The proposed order settling the Commission’s complaint bars Dr. Akoury and her AWAREmed clinic from making such unsupported claims and requires her to pay a $100,000 civil penalty.
FTC Approves Final Order against LCA-Vision, Halting Alleged Bait-and-Switch Advertising for LASIK Laser Eye Surgery
In January 2023, the FTC issued an order requiring Ohio-based LCA-Vision, doing business as LasikPlus and Joffe MediCenter, to pay $1.25 million for using deceptive bait-and-switch advertising to trick consumers into believing they could have their vision corrected for less than $300. The order also bans the defendants from making the misrepresentations detailed in the complaint. The Commission approved the final consent order in March 2023.
Statement of Commissioner Alvaro M. Bedoya Joined by Commissioner Rebecca Kelly Slaughter Regarding Amazon.com, Inc.'s Acquisition of 1Life Healthcare, Inc.
FTC Sends Cease and Desist Letters to Prescribers Regarding Potential Violations of the Commission’s Contact Lens Rule
The Federal Trade Commission has taken enforcement action for the first time under its Health Breach Notification Rule against the telehealth and prescription drug discount provider GoodRx Holdings Inc., for failing to notify consumers and others of its unauthorized disclosures of consumers’ personal health information to Facebook, Google, and other companies.
Statement of Elizabeth Wilkins, Director of the FTC’s Office of Policy Planning, on the Decision of SUNY Upstate Medical University and Crouse Health System, Inc. to Drop Their Proposed Merger
In February 2020, the FTC filed a complaint in federal district court against ZyCal Bioceuticals, a company that manufactured and sold the ingredient Cyplexinol to trade customers for use in making pain relief products for joint ailments, such as arthritis. Zycal also marketed a line of Cyplexinol-based pain relief products to chiropractors and directly to consumers under the brand name Ostinol. The same complaint includes allegations against another company, Excellent Marketing Results, Inc. (EMR), which was one of ZyCal's trade customers. EMR marketed a Cyplexinol-based formulation called StimTein via infomercials and online, and claimed it was clinically proven to stimulate cells to grow bone tissue and cartilage. EMR and its president agreed to a settlement that resolves charges against them in the FTC’s complaint, and prohibits them from making such health-related product claims unless they are supported by competent and reliable scientific evidence. In September 2020, the FTC announced it was returning more than $110,000 to consumers who bought EMR’s StimTein. In February 2023, the FTC announced a proposed order barring the ZyCal defendants from the deceptive conduct alleged in the complaint.
FTC Proposes Updating Eyeglass Rule to Require Prescribers to Get Signed Confirmation When Providing a Prescription to Their Patients
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