Legal Library: Cases and Proceedings

In September 2016, nutritional supplement marketer NutraClick agreed to settle FTC charges that it lured consumers with “free” samples of supplements and beauty products and then violated the law by charging them a recurring monthly fee without their consent. Four years later, in September 2020, the FTC filed a complaint alleging the company and its two principals were continuing to deceptively market their products, in violation of the FTC order. The settlement order, announced simultaneously with the complaint, bans the defendants from negative option marketing and requires them to pay more than $1 million for consumer redress. 

A Rhode Island company and its owner will be permanently prohibited from misrepresenting they are affiliated with the U.S. Small Business Administration (SBA) as part of a settlement resolving Federal Trade Commission charges they misled consumers in the early days of the coronavirus pandemic. Ponte Investments, LLC, and its owner John C. Ponte were charged by the FTC in April 2020 with misleading small businesses to think they had an affiliation with the SBA and could offer companies access to the coronavirus relief programs administered by the agency.

A Florida-based company that has promoted its Isoprex supplement to older adults as a miracle cure for pain and joint inflammation has agreed to a settlement with the FTC that bars the company from continuing to make its unproven claims. In September 2020, the FTC announced it was sending refunds totaling more than $76,000 to consumers who bought the deceptively marketed product.

Approximately $147 million is being mailed to 33,000 consumers in the second distribution of refunds resulting from the law enforcement actions brought against Western Union by the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ), and the U.S. Postal Inspection Service. Affected consumers are receiving compensation for 100 percent of their verified losses. This is the second refund distribution resulting from the agencies’ actions against Western Union. DOJ is still reviewing petitions from consumers who were harmed by Western Union’s practices, and will be providing opportunities for consumers who have not yet applied for refunds to file claims.

In July 2020, the FTC required global suppliers of animal products, Elanco Animal Health, Inc. and Bayer Animal Health GmbH, to divest three animal health products to settle charges that Elanco’s proposed $7.6 billion acquisition of Bayer would likely be anticompetitive in those markets. On Sept. 11, 2020, the Commission announced the final consent agreement in this matter.

In April 2019, the FTC announced that a federal district court judge ordered Srinubabu Gedela and his companies to pay more than $50.1 million to resolve FTC charges that they made deceptive claims about the nature of their conferences and publications, and hid steep publication fees. The court ruling resolved a 2016 Commission complaint alleging that Gedela and the companies falsely advertised online scientific and medical academic journals and international conferences, and deceptively claimed the journals provided authors with rigorous peer review and editorial boards comprised of prominent academics.

Under a settlement with the Federal Trade Commission announced in March 2020, the marketers of an electrical nerve stimulation device called Quell have agreed to pay $4 million and stop making deceptive claims that the device treats pain throughout the body when placed below the knee. They also will stop claiming the device’s efficacy is clinically proven and that it has been cleared by the FDA to treat pain throughout the body. In early September 2020, the FTC announced it was returning almost $3.9 million to defrauded consumers.

Pharmaceutical companies AbbVie Inc. and Allergan plc have agreed to divest assests to settle Federal Trade Commission charges that AbbVie's proposed $63 billion acquisition of Allergan would violate federal antitrust law. On Sept. 4, 2020, the Commission announced the final consent agreement in this matter.

Casino operator Eldorado Resorts, Inc. has agreed to divest assets to settle charges that its $17.3 billion acquisition of Caesars Entertainment Corporation likely would be anticompetitive in the South Lake Tahoe area of Nevada, the Bossier City-Shreveport area of Louisiana, and the Kansas City area of Kansas and Missouri. According to the complaint, the proposed acquisition would harm competition for casino services in these three local markets, increasing the likelihood that Eldorado would unilaterally exercise market power, which in turn would lead to higher prices and reduced quality. In August 2020, the Federal Trade Commission approved a final order resolving those charges.

At the FTC’s request, in May 2019 a U.S. district court in Florida granted summary judgment against two individuals, approved six settlement agreements involving 11 defendants, and entered a default judgment against the remaining seven defendants, officially ending the massive Pointbreak Media robocall scheme. In August 2020, the FTC returned more than $70,000 to consumers defrauded through the scheme.

Tri Star Energy, LLC, Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth, which operate fuel outlets and convenience stores, agreed to settle FTC charges that Tri Star’s acquisition of retail outlets and related interests of Hollingsworth would violate antitrust law. The complaint alleges that the proposed acquisition would harm competition for both retail gasoline sales and retail diesel fuel sales in the two local markets of Whites Creek, Tennessee and Greenbrier, Tennessee. Under the proposed consent agreement, Tri Star would be required to divest to Cox Oil Company, Inc. retail fuel assets in Whites Creek and Greenbrier within 10 days after Tri Star completes the acquisition. On August 14, 2020, the Commission announced it had approved the final consent order in this matter.

The marketer of a scheme to make money on Amazon, and his companies, are banned from marketing and selling business opportunities and business coaching services under a settlement with the FTC. The settlement order against Jeffrey A. Gomez (aka Jeffrey Adams), Adams Consulting LLC, and Global Marketing Services L.L.C. also requires them to surrender funds and assets for consumer redress. In August 2020, the FTC returned more than $9.1 million to consumers defrauded through the scheme.