On September 30, 2020, the United States Court of Appeals for the Third Circuit reversed a historic district court award ordering disgorgement of $448 million in profits to consumers of testosterone replacement drugs under Section 13(b) of the Federal Trade Commission (FTC) Act, adding fuel to the fire of the current circuit split over this section's interpretation. We outline the key details and offer our analysis of the issue in our client alert.
This article is presented for informational purposes only and is not intended to constitute legal advice.