FTC Updates (February 2 – February 6, 2026)

The FTC has been busy sending money to consumers harmed by unfair or deceptive business acts or practices. The Commission has also announced a settlement with healthcare companies related to the cost of insulin drugs and released a recent report regarding it focus on privacy and cybersecurity. More on this news after the jump.

February 4, 2026

Bureau of Competition: Drug Stores and Pharmacies

• The FTC secured a settlement with Express Scripts, Inc., and its affiliates (collectively "ESI"), resolving the Commission's lawsuit against ESI alleging that ESI artificially inflated the list price of insulin drugs, leading to the increase in cost of insulin to patients. The complaint further alleged that ESI, as well as other pharmacy benefit managers ("PBMs"), created a system of raising the list prices of drugs by preferencing rebates, pushing manufacturers to compete for preferred formulary coverage based on the size of rebates off the list price rather than net price. The FTC claims this benefited the PBMs and ESI who allegedly kept a portion of the inflated rebates. The proposed consent order requires ESI to make changes, including stopping preference on its standard formularies high wholesale acquisition cost versions of a drug over identical low wholesale acquisition cost versions and providing standard offerings to its plan sponsors that ensures that members' out-of-pocket expenses will be based on the drug's net cost, rather than its artificially inflated list price.

February 5, 2026

Bureau of Consumer Protection: Investment, Advertising and Marketing

• The FTC is returning close to $23 million in the form of 1,659 checks to consumers nationwide who bought real estate lots at two overseas locations: Sanctuary Belize and Kanantik. This is the second round of payments to consumers who invested in the alleged Sanctuary Belize scheme. In November 2018, the FTC filed a complaint charging Andris Pukke and other corporate individuals of using false promises to sell Sanctuary Belize Lots, an alleged luxury development and resort. The complaint further alleged that the defendants failed to deliver on promised amenities, and consumers who invested lost money and could not resell the property. The District Court for the Southern Division of Maryland ordered the receiver to send an initial round of payments, and the Fourth Circuit Court of Appeals affirmed the judgment.

February 6, 2026

Bureau of Consumer Protection: Privacy and Security, Office of International Affairs

• The FTC issued a secondary report to Congress focusing on the FTC's efforts to fight cyberattacks and ransomware, following up on its initial report from 2023. The secondary report provides updates on the FTC's activities concerning China, Russia, North Korea, and Iran and the FTC's efforts to combat ransomware, discussing the FTC's data security enforcement program, enforcement actions with favorable outcomes, and educating the public and businesses on how to stay protected from cyberattacks.

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