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Fifth Circuit Vacates FTC’s Cease-and-Desist Order Against Intuit, Holding Internal Adjudication Of Deceptive Advertising Claims Unconstitutional
A federal appeals court has struck down the FTC's authority to adjudicate deceptive advertising claims through its internal administrative process, ruling that such enforcement violates constitutional separation of powers. The Fifth Circuit's decision in Intuit v. FTC requires these cases to be heard in federal court, potentially reshaping how the agency pursues advertising enforcement actions and raising broader questions about the Commission's structural constitutionality.
Kelley Drye & Warren LLP