Government,
Corporate,
Administrative/Regulatory
Jan. 29, 2016
Recent decision may change FTC authority to regulate
In a decision late last year that went largely under the radar, Judge D. Michael Chappel, the chief administrative law judge for the FTC dismissed the commission's complaint against LabMD.
Jonathan C. Sandler
Shareholder
Brownstein Hyatt Farber Schreck LLP
2049 Century Park E Ste 3550
Los Angeles , CA 90067
Phone: (310) 500-4600
Fax: (310) 500-4602
Email: jsandler@bhfs.com
Loyola Law School
Makan Delrahim
Assistant Attorney General
U.S. Department of Justice, Antitrust Division
Makan previously was a partner at Brownstein Hyatt Farber Schreck LLP in Los Angeles. He is the former chief of staff and chief counsel of the U.S. Senate Judiciary Committee and former senior Justice Department official.
In a decision late last year that went largely under the radar, Judge D. Michael Chappel, the chief administrative law judge for the Federal Trade Commission, dismissed the FTC's complaint against LabMD Inc. In the Matter of LabMD Inc., No. 9357 (Nov. 13, 2015). The ALJ concluded a mere possibility of consumer harm is insufficient to prove unfairness under Section 5(n) of the FTC Act. This finding may have a significant impact on the FTC's powers in other consumer protection claus...
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