Share on LinkedInShare on LinkedIn

ARTICLE · 06 MARCH 2019

Third Circuit Limits FTC's Ability To Seek Injunctions For Past Violations

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Contributor
Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

Founded more than 40 years ago as a boutique law firm servicing the entertainment and arts...

View firm profile
Explore more from Frankfurt Kurnit Klein & Selz PC

The recent Third Circuit decision has just made it harder for the Federal Trade Commission to get an injunction against advertisers.

United StatesMedia, Telecoms, IT, Entertainment

The recent Third Circuit decision has just made it harder for the Federal Trade Commission to get an injunction against advertisers.  

In Federal Trade Commission v. Shire Viropharma, Inc., the U.S. Court of Appeals for the Third Circuit held that the Federal Trade Commission is not entitled to go directly to court to get injunctive relief in connection with past violations.

The case involves a 2017 suit that the FTC brought against Shire, seeking a permanent injunction and monetary relief for Shire's allegedly unfair and deceptive acts that took place years before. Shire had submitted a series of filings to the FDA, allegedly with the intent to stall the FDA's approval of a generic equivalent to Shire's successful drug, Vancocin.  Eventually, in 2012, the FDA approved the generic equivalents.  Nearly five years later in 2017, the FTC sued.  

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

See more popular content from