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Legion Media LLC, et al., FTC v.
In July 2024, a U.S. district court in central Florida unsealed a Federal Trade Commission complaint charging two related groups of defendants with defrauding consumers nationwide by enrolling them, without their knowledge, into continuity plans where they are shipped and charged repeatedly for personal care products that they did not agree to purchase.
The defendants allegedly deceived consumers with ads for “free” CBD and Keto-related personal care products, billing many for products they did not consent to purchase, signing many up for unwanted continuity plans, and debiting money from their bank accounts without prior authorization. In September 2024, the FTC announced three orders settling the Commission’s complaint and requiring the defendants to pay approximately $40 million in total to defrauded consumers.
FTC Announces Final Eyeglass Rule Implementing Updates to Promote Competition and Expand Consumer Choice
16 CFR Part 456 Ophthalmic Practice Rule (Eyeglass Rule) - Final Rule - June 2024
FTC Submits Comment Supporting Proposed USPTO Rule
Cerebral, Inc. and Kyle Robertson, U.S. v.
Cerebral, Inc. has agreed to an order that, will restrict how the company can use or disclose sensitive consumer data and require it to provide consumers with a simple way to cancel services to settle FTC charges that the telehealth firm failed to secure and protect sensitive health data.
FTC Releases Fiscal Year 2023 Annual Report
Simple Health Plans LLC
On Oct. 29, 2018, the Federal Trade Commission filed a complaint in federal court against Simple Health Plans LLC, Steven J. Dorfman, and five other entities, alleging that the defendants misled people to think they were buying comprehensive health insurance that would cover preexisting medical conditions, prescription drugs, primary and specialty care treatment, inpatient and emergency hospital care, surgical procedures, and medical and laboratory testing. On Nov. 1, 2019, the FTC filed an amended complaint adding Candida Girouard as an additional defendant.
FTC, DOJ, and HHS Extend Comment Period on Cross-Government Inquiry on Impact of Corporate Greed in Health Care
FTC Expands Patent Listing Challenges, Targeting More Than 300 Junk Listings for Diabetes, Weight Loss, Asthma and COPD Drugs
Caremark/ESI/Optum
Federal Agencies Launch Portal for Public Reporting of Anticompetitive Practices in the Health Care Sector
Alcohol Addiction Treatment Firm will be Banned from Disclosing Health Data for Advertising to Settle FTC Charges that It Shared Data Without Consent
FTC, HHS Extend Public Comment Period on Generic Drug Shortages and Competition Request for Information
Benefytt Technologies, et al., FTC v.
The Federal Trade Commission is taking action against healthcare company Benefytt Technologies, two subsidiaries, former CEO Gavin Southwell, and former vice president of sales Amy Brady, for lying to consumers about their sham health insurance plans and using deceptive lead generation websites to lure them in. According to the FTC complaint, Benefytt also illegally charged people exorbitant junk fees for unwanted add-on products without their permission. The proposed court orders require Benefytt to pay $100 million in refunds and prohibit the company from lying about their products or charging illegal junk fees. Southwell and Brady will be permanently banned from selling or marketing any healthcare-related product, and Brady will also be banned from telemarketing.
The Bountiful Company
In February 2023, the FTC took action against a marketer of vitamins and other supplements called The Bountiful Company for abusing a feature of Amazon.com to deceive consumers into thinking that its newly introduced supplements had more product ratings and reviews, higher average ratings, and “#1 Best Seller” and “Amazon’s Choice” badges. The case against Bountiful marks the FTC’s first law enforcement challenging “review hijacking,” in which a marketer steals or repurposes reviews of another product. The company agreed to pay $600,000 in consumer redress to settle the FTC’s complaint. In March 2024, the Commission announced it was sending more than $527,000 to impacted consumers.
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