Supreme Court to Hear Case That Could Overrule Chevron and Curtail Administrative Agencies' Ability to Regulate Broadly
The U.S. Supreme Court on Monday agreed to review Loper Bright Enterprises v. Raimondo, a direct challenge to Chevron deference. A decision in the case could either overrule Chevron altogether, or alternatively narrow the doctrine to clarify that statutory silence is not the same as ambiguity and therefore an implied grant of virtually unfettered agency authority. Either way, a decision in the case is likely to constrain federal regulatory agency action going forward.
New Notice of Penalty Offenses: Are You in the Danger Zone?
Last month, the Federal Trade Commission issued a Notice of Penalty Offense regarding substantiation for product claims to 670 companies in the health-related marketing space. This new Notice is yet another signal from the FTC that it intends to aggressively pursue its enforcement agenda using all available tools, including previously long-dormant avenues, like its Penalty Offense Authority.
U.S. Supreme Court Justices Thomas and Gorsuch Skeptical of ALJ Proceedings in Axon Enterprise v. Federal Trade Commission Decision
The U.S. Supreme Court's landmark decision unanimously reversing the Ninth Circuit in Axon Enterprise v. Federal Trade Commission is likely to represent a monumental shift in pre-enforcement challenges to administrative enforcement proceedings brought by federal agencies, including the FTC.