Legal Library: Cases and Proceedings

The FTC issued an administrative complaint (and authorized staff to seek a TRO and PI which have not been filed) challenging the merger of two top suppliers of chloride process titanium dioxide (TiO2), a white pigment used in a wide variety of products including paint, industrial coatings, plastic, and paper. The FTC’s administrative complaint charges that Tronox Limited’s proposed acquisition of competitor Cristal, for $1.67 billion and a 24 percent stake in the combined entity, would violate the antitrust laws by significantly reducing competition in the North American market (comprised of the United States and Canada) for chloride process titanium dioxide. The FTC alleges that the acquisition, if consummated, would increase the risk of coordinated action among the remaining competitors, and increase the risk of future anticompetitive output reductions by Tronox.

The operators of two purported sham charities have agreed to settle charges by the FTC and the AGs of Missouri and Florida that they deceived donors with false claims that their organizations helped disabled police officers and military veterans. The operators of both schemes are permanently banned from charitable solicitations or otherwise working for charities.

The FTC is mailing 270 checks totaling nearly $515,000 to consumers who paid for what the agency alleged was deceptively advertised “amniotic stem cell therapy” between 2014 and 2017. The average amount each consumer will receive is $1,907.

Unixiz, Inc., doing business as i-Dressup.com, and the individually named defendants CEO Zhijun Liu and Secretary Xichen Zhang, reached a settlement over allegations they violated the Children’s Online Privacy Protection Act (COPPA).

Following public comment periods, the Federal Trade Commission has approved final consent orders in two separate cases in which the agency alleged that companies falsely claimed their products were made in the United States. The companies were Sandpiper of California and Underground Sports Inc.

Following public comment periods, the Federal Trade Commission has approved final consent orders in two separate cases in which the agency alleged that companies falsely claimed their products were made in the United States. The companies were Sandpiper of California and Underground Sports Inc.

The Federal Trade Commission mailed checks totaling nearly $1.1 million to 87,256 consumers who paid for work-at-home opportunities based on the allegedly deceptive advertising practices of Bob Robinson, LLC and other related defendants. The defendants operated under various brand names, including Work At Home EDU, Work At Home Program, Work At Home Ecademy, Work At Home University, Work At Home Revenue, and Work at Home Institute.

Thomas Wells and his payment processing company, Priority Payout Corp. (formerly known as InterBill, Ltd), have agreed to settle FTC charges that they repeatedly violated a 2009 court order issued against them. The settlement permanently bans Wells and Priority Payout Corp, from engaging in, and assisting others with, payment processing, and includes a $1.8 million contempt judgment against them.

The FTC required healthcare companies Fresenius Medical Care AG & KGaA and NxStage Medical, Inc. to divest all rights and assets related to NxStage’s bloodline tubing set business to B. Braun Medical, Inc. as part of a settlement resolving charges that Fresenius’s proposed $2 billion acquisition of NxStage likely would be anticompetitive. The FTC’s complaint alleges that the proposed merger would harm competition in the U.S. market for bloodline tubing sets that are compatible with hemodialysis machines used in clinics that treat chronic renal failure. Bloodline tubing sets are single-use plastic tube sets used during hemodialysis treatments. Fresenius and NxStage are two of only three significant suppliers of bloodline tubing sets used in open architecture hemodialysis machines in the United States. Fresenius and NxStage together control 82 percent of the market for bloodlines.The settlement requires Fresenius and NxStage to divest to B. Braun all assets and rights to research, develop, manufacture, market, and sell NxStage’s bloodline tubing sets.

Four separate operations responsible for bombarding consumers nationwide with billions of unwanted and illegal robocalls pitching auto warranties, debt-relief services, home security systems, fake charities, and Google search results services have agreed to settle FTC charges that they violated the FTC Act and the agency’s Telemarketing Sales Rule (TSR), including its Do Not Call (DNC) provisions.

The operators of two purported sham charities have agreed to settle charges by the FTC and the AGs of Missouri and Florida that they deceived donors with false claims that their organizations helped disabled police officers and military veterans. The operators of both schemes are permanently banned from charitable solicitations or otherwise working for charities.

Four separate operations responsible for bombarding consumers nationwide with billions of unwanted and illegal robocalls pitching auto warranties, debt-relief services, home security systems, fake charities, and Google search results services have agreed to settle FTC charges that they violated the FTC Act and the agency’s Telemarketing Sales Rule (TSR), including its Do Not Call (DNC) provisions.

Four separate operations responsible for bombarding consumers nationwide with billions of unwanted and illegal robocalls pitching auto warranties, debt-relief services, home security systems, fake charities, and Google search results services have agreed to settle FTC charges that they violated the FTC Act and the agency’s Telemarketing Sales Rule (TSR), including its Do Not Call (DNC) provisions.

The Federal Trade Commission is sending refund checks totaling more than $7 million to people deceived by the operators of an alleged business opportunity fraud that targeted seniors and others living on a fixed income. The refunds stem from a settlement the FTC reached in 2017 with Advertising Strategies, LLC, under which the defendants surrendered virtually all their assets to provide consumer refunds.

The FTC filed a lawsuit in federal court to stop a dietary supplement marketer from making misleading claims that its product can help treat and even cure people who are addicted to opiates, including prescription pain medications and illegal drugs such as heroin.