Month: November 2026
Court Rules FTC Cannot Use Administrative Process to Adjudicate Deceptive Advertising Claims
By Richard B. Newman |
Earlier this year, the U.S. Court of Appeals for the Fifth Circuit held in Intuit, Inc. v. FTC that the FTC may not use its internal administrative process to adjudicate deceptive advertising claims under Section 5 of the FTC Act, and that it must pursue such claims in federal court. In doing so, the court…