[{"titre":"FTC consumer protection year in review offers 2020 vision for your business","pubDate":"Thu, 08 Oct 2026 08:06:58 +0200","id":3203247,"description":"FTC consumer protection year in review offers 2020 vision for your business lfair January 8, 2020 | 9:26AM FTC consumer protection year in review offers 2020 vision for your business By Lesley Fair They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the other notable part of the case is the monumental change the order mandates to Facebook’s privacy ecosystem. The Commission opinion in Cambridge Analytica reaffirms the proposition that like any other claim, a company’s privacy promises are viewed through the lens of established FTC consumer perception principles. A series of cases demonstrates the agency’s continued commitment to challenging false or misleading representations about businesses’ compliance with the EU-U.S. Privacy Shield Framework. Another important development is the FTC’s proposed settlement with Retina-X . It’s our first action against a marketer of stalking apps – software that allowed purchasers to monitor the mobile devices on which they’re installed, without users’ knowledge. COPPA. Congress passed the Children’s Online Privacy Protection Act to ensure that when it comes to the collection of kids’ personal information online, parents are in the driver’s seat. The FTC settlement with YouTube – brought in conjunction with the New York Attorney General – alleges that the company collected kids’ personal data without parental consent, in violation of the COPPA Rule . The $170 million civil penalty broke the record for the largest remedy in an FTC COPPA case, set months before in our $5.7 million settlement with Musical.ly , now known as TikTok. If you’re a YouTube channel owner, read a special Business Blog post for tips on determining if your content is directed to children. Data security. Is your company honoring its data security promises and taking reasonable steps to safeguard the sensitive information in its possession? The FTC, CFPB, and State AG actions against Equifax illustrate how consumers are injured when companies ignore reasonably foreseeable threats. The settlement, which totals between $575 million and $700 million – also reminds businesses that heeding warnings about known risks is more prudent (and cost-effective) than the alternative. Three threads tie together the FTC’s unrelated actions against LightYear Dealer Technologies and InfoTrax Systems . They both sell management software to specific industries. They both allegedly failed to take reasonable steps to secure their networks, resulting in damaging data breaches. And they’re both covered by similar new orders the FTC has introduced in recent data security cases. If you or your clients are players in the Internet of Things, the settlement of the FTC’s litigation against connected device company D-Link sends an unmistakable message: The future of the IoT marketplace depends on secure software development. Endorsements, certifications, and influencers. Why is the FTC concerned about the accuracy of endorsements and certifications? Because they’re material to consumers. The FTC says Truly Organics’ claim that its personal care products were “certified organic” lathered up a double bubble of deception. First, its merchandise contained ingredients that weren’t organic. Second, the company falsely claimed that its products were certified by USDA’s National Organic Program. Other FTC developments focused on the use of endorsements in social media. The FTC’s action against Devumi alleges the company sold fake followers, phony subscribers, and bogus","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2020/01/ftc-consumer-protection-year-review-offers-2020-vision-your-business"},{"description":"Root, root root for the regions lfair September 24, 2018 | 2:03PM Root, root root for the regions By Andrew Smith, Director, FTC Bureau of Consumer Protection T his year eight major league baseball teams are celebrating milestone anniversaries – and so are the FTC’s regional offices. In 1918, the Commission opened the first three of its regional offices. Today, eight regional offices continue to knock it out the park on behalf of America’s consumers. So it’s only fitting that on this momentous day we acknowledge the regional offices’ century of pennant-winning performances. According to the Commission’s 1918 Annual Report, “In order to expedite the greatly increased work of the Commission . . . small branch offices were established in New York, Chicago, and San Francisco.” Over time, the FTC has added other locations for a current total of eight offices in seven regions. Regional staff work with the Bureau of Consumer Protection and the Bureau of Competition on investigations and litigation. But they are in a unique position to host roundtables and workshops in their communities; to coordinate with local, state, and cross-border law enforcers; and to build partnerships with consumer groups and small business organizations within their region. According to the scouting report, there isn’t a pitch they can’t hit. Here’s a brief look at each region’s box score with a focus on just a few of their many MVP contributions to the FTC’s consumer protection mission. East Central Region . In 1918, the Cleveland Indians finished just out of pennant contention, but the FTC’s Cleveland-based office works hard to bring home the W for consumers and small businesses. For example, ECR has brought a number of cases over the past two decades to protect small businesses in their area and around the country, including cramming, business directory, and unordered merchandise scams. Recently, ECR played a central role in Operation Main Street, the FTC’s recent initiative against scammers targeting small businesses. Midwest Region . Chicago fans may be divided in their loyalty to the Cubs and the White Sox, but consumers who lost money to scammers who used the services of a major money transfer company are united in their appreciation for the FTC-DOJ settlement that returned $586 million back to them. And just recently, MWR hosted the Commission’s workshop on cryptocurrency scams and took a lead role in Operation Tech Trap, a coordinated state, federal, and international effort to shut down tech support fraudsters. Northeast Region . Given New York’s connection to names like Huggins, Houk, Stengel, Berra, and Torre, it’s no wonder the FTC’s Northeast Region has particular expertise in coaching. But in NER’s case, it’s about companies that make deceptive “coaching” and money-making representations. The New York-based office also has been one of the FTC’s power hitters in addressing misleading practices in the affiliate marketing industry. And from their Big Apple location, NER has been a leader in educating consumers, particularly older Americans and small businesses. Northwest Region . Like their hometown Seattle Mariners, the FTC’s Northwest Region has a proven record of navigating the complexities on the field of play. NWR coordinated Operation Donate with Honor, a nationwide crackdown on fraudulent charities alleged to have conned consumers by falsely promising their contributions will help veterans and servicemembers. In addition, our team in Seattle regularly coordinates with Canadian counterparts to combat cross-border fraud. And they’ve been ahead of the curve on tech issues, bringing one of the FTC’s first internet cases in the 90s and more recently, an early online influencer action. Southeast Region . The Atlanta Braves boast a national fan base – and due to their expertise in fighting fraud, the FTC’s Southeast Region can be proud of its coast-to-coast impact,","id":3201877,"pubDate":"Wed, 07 Oct 2026 14:05:07 +0200","titre":"Root, root root for the regions","url":"https://www.ftc.gov/business-guidance/blog/2018/09/root-root-root-regions","source":"FTC USA Business Blog Posts"},{"pubDate":"Tue, 06 Oct 2026 08:06:23 +0200","id":3199071,"titre":"FTC asks “Do consumers notice class action notices?”","description":"FTC asks “Do consumers notice class action notices?” lfair September 9, 2019 | 11:17AM FTC asks “Do consumers notice class action notices?” By Lesley Fair Do consumers notice consumer class action notices? That’s one of the topics that experts will discuss at an upcoming FTC workshop on issues related to communicating with consumers about class actions . Set for October 29, 2019, in Washington, DC, Consumers and Class Action Notices: An FTC Workshop will feature panelists from a wide range of perspectives exploring what the research suggests about notice methods, claims rates, and redress – and what can be done to improve consumer participation in class action settlements. To enhance our understanding of the issues, FTC staff just released a report summarizing the findings of two studies involving consumer class actions. In the first study, we looked at a sample of more than 140 cases and analyzed how variables like notice methods and compensation amounts affected consumer claims and check-cashing rates. A second staff study explored consumer perceptions of class action notices, including whether people understood their options. Consumer class actions have been an issue of long-standing interest to the FTC. For more than a decade, the agency’s Class Action Fairness Project has worked to ensure that settlements in consumer protection and competition matters provide appropriate benefits to consumers. To that end, the FTC has coordinated with state, federal, and private groups to gather information; looked at the impact of legislative and class action rule changes; and – where appropriate – filed amicus briefs. Free and open to the public, Consumers and Class Action Notices will take place at the FTC’s Constitution Center conference facility, 400 7th Street, S.W., in Washington. We’ll post the agenda soon, but in the meantime, we welcome your comments , including additional consumer perception evidence. We’ll keep the record open until November 22, 2019. Can’t make it to DC on October 29th? The event will be webcast.","url":"https://www.ftc.gov/business-guidance/blog/2019/09/ftc-asks-do-consumers-notice-class-action-notices","source":"FTC USA Business Blog Posts"},{"pubDate":"Sun, 04 Oct 2026 08:05:12 +0200","id":3196242,"titre":"Made in USA? Avoiding a Yankee Doodle Don't","description":"Made in USA? Avoiding a Yankee Doodle Don't wfg-adm109 October 21, 2013 | 11:17AM Made in USA? Avoiding a Yankee Doodle Don't By Lesley Fair There are lots of nifty phone accessories, bottle holders, tow straps, pet items, and lanyards out there.  So a label that says the product is Made in the USA may help make the decision for some consumers.  When it bears the American flag and says “TRULY MADE IN THE USA,” that just might seal the deal.  But according to an FTC lawsuit , a lot of the “Made in the USA” merchandise touted by Logan, Utah-based E.K. Ekcessories wasn’t really made in the USA – turning the company’s claims from a Yankee Doodle Do to a Yankee Doodle Don't. E.K. Ekcessories sells a variety of outdoor equipment through popular retailers and on its own site.  In addition to the labels, the company touted its products’ U.S. pedigree with statements like “For 28 years E.K. Ekcessories has been producing superior quality made accessories in our 60,000 sq. ft. facility in Logan, Utah,” and “Our source of pride and satisfaction abounds from a true ‘Made in USA’ product.” To say an item is made in the USA, all or virtually all of it has to be U.S.-made.  In other words, all significant parts and processing must be of U.S. origin, and the product should contain no – or negligible – foreign content. That’s the standard explained in the FTC’s 1997 Enforcement Policy Statement on U.S. Origin Claims.  But according to the complaint, in many cases, E.K. Ekcessories made “Made in USA” representations that were flat-out false.  In other instances, the FTC says the company slapped a label on a product without a reasonable basis for making the claim.  Both courses of conduct violate the FTC Act. Under the proposed order, the company can’t say a product is made in the USA unless all or virtually all of it really is made in the United States.  The order also bans other misleading claims about products’ country of origin. Given that other companies are selling the deceptively labeled merchandise, E.K. Ekcessories has to contact all distributors who bought or received products between January 1, 2010 and May 1, 2013, explaining the FTC’s lawsuit.  The retailers will be asked to pull marketing materials that say all E.K. Ekcessories stuff is U.S.-made or that describe a specific list of products as made in the United States, of U.S.-origin, or “Truly Made in the USA.”  For certain lines of products, they’ll get stickers to cover the inaccurate claims. You can file an online comment about the proposed settlement by November 21, 2013. The message for marketers?  First , it’s a good time to brush up on how to comply with Made in USA standards.  The Business Center has a dedicated Made in USA page to make that easier for you.  Second , given just how important many consumers take a Made in USA claim, companies that make that statement falsely or without a reasonable basis are risking law enforcement action.  Truly.","url":"https://www.ftc.gov/business-guidance/blog/2013/10/made-usa-avoiding-yankee-doodle-dont","source":"FTC USA Business Blog Posts"},{"description":"Judge orders $13.4 million in contempt action challenging BlueHippo hype lfair May 2, 2016 | 10:52AM Judge orders $13.4 million in contempt action challenging BlueHippo hype By Lesley Fair Animation fans remember the ballet-dancing pink hippos in Fantasia . In Egyptian mythology, the god of disorder was depicted as a red hippo. And many consumers – especially those already in financial distress – were drawn in by national TV and radio ads for BlueHippo, a company that claimed to finance the purchase of computers and other electronics for people with “less than perfect credit, bad credit, no credit.” A $13.4 million ruling by a United States District Judge in an FTC contempt action sends a message to hippos of all hues (and businesses) about the FTC’s commitment to effective order enforcement. In 2008, the FTC sued BlueHippo Funding and BlueHippo Capital for, among other things, not delivering ordered merchandise, failing to make disclosures required by the Truth in Lending Act and Regulation Z, and illegally conditioning the extension of credit on consumers’ “agreement” to repay by preauthorized electronic debit. One common tactic was that BlueHippo said it would deliver the product once the consumer made 13 weekly payments, but then didn’t make good on that promise. The FTC also alleged that in many instances, BlueHippo debited consumers’ accounts without first disclosing that consumers couldn’t get a refund even if they cancelled before delivery. The defendants settled that case , agreeing to pay up to $5 million in redress and to change how they did business in the future. The FTC went back to court in 2009 , alleging that BlueHippo was flouting the terms of the settlement and continuing to engage in illegal practices. The Court granted the FTC’s contempt motion against the corporate defendants and CEO Joseph Rensin, but entered a remedy of only $609,000. The FTC appealed the financial ruling. Arguing that there should be a presumption that consumers relied on the defendants’ misrepresentations and omissions, the FTC sought a contempt order of $14 million – the gross sales the defendants generated through their illegal conduct. The United States Court of Appeals for the Second Circuit ruled , “We agree with the FTC and join our sister circuits in adopting a presumption of consumer reliance in FTC civil contempt actions.” The appellate court remanded the matter to the trial court to determine “whether the FTC has demonstrated that it is entitled to a presumption of consumer reliance. If so, the court should use defendants’ gross receipts as a baseline for calculating the consumers’ actual loss, and defendants should then be afforded an opportunity to proffer evidence showing that an offset of the baseline is warranted.” What’s the latest development? On remand, the trial court entered a judgment against CEO Rensin for $13.4 million, the financial harm the court determined that consumers suffered as a result of the scheme. The case is another illustration of the FTC’s interest in effective order enforcement. To settle cases and then not follow through to see that defendants live up to their promises would be, well, hippo-critical.","pubDate":"Sat, 03 Oct 2026 14:06:14 +0200","id":3195790,"titre":"Judge orders $13.4 million in contempt action challenging BlueHippo hype","url":"https://www.ftc.gov/business-guidance/blog/2016/05/judge-orders-134-million-contempt-action-challenging-bluehippo-hype","source":"FTC USA Business Blog Posts"},{"id":3194908,"pubDate":"Sat, 03 Oct 2026 08:09:36 +0200","titre":"FTC Secures Settlement that Protects Small Businesses from Illegal Price Discrimination","description":"The Federal Trade Commission secured a settlement agreement with Southern Glazer’s Wine and Spirits LLC, the nation’s largest distributor of wine and spirits, that will redress allegedly illegal price discrimination practices and make it easier for small businesses to compete against large chain retailers. The sweeping settlement covers nearly all Southern wine and spirits sales to the five largest chain retailers in 26 states. The settlement will also provide direct cash payments to harmed small businesses if an independent monitor finds that Southern violates the settlement order going forward. “This settlement marks a significant milestone for the FTC in its enforcement of the Robinson-Patman Act, which Congress enacted to empower small businesses to compete against large ones,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “Small businesses are an invaluable part of the American economy and way of life. The FTC is committed to ensuring that all businesses, no matter their size, can compete on a fair and level playing field to serve their customers and boost the entire American economy.” The FTC’s settlement with Southern delivers a successful conclusion to the Commission’s first enforcement action under the Robinson-Patman Act in a generation. Under the terms of a proposed stipulated order filed by the FTC , Southern will face limitations on its ability to charge small, independent retailers higher prices for wine and spirits than it charges competing large retail chains.  The FTC’s settlement resolves a  lawsuit brought by the Commission in 2024, which alleges that Southern violated the Robinson-Patman Act by depriving small, independent businesses access to discounts and rebates that were available to large competitors. As alleged in the complaint, these pricing practices interfere with the ability of independent retailers to compete against large national and regional chains and big box stores. Under the Robinson-Patman Act, it is generally unlawful for sellers to engage in price discrimination that harms competition by charging higher prices to disfavored retailers that purchase similar goods. According to the FTC’s complaint, Southern charged significantly higher prices for sales of identical bottles of wine and spirits during the same time period to independent retailers as compared to competing large chains, like Total Wine, Walmart and Kroger, even when the stores were located a few miles or even a few blocks from each other. Southern engaged in discriminatory pricing via a variety of mechanisms, such as by offering discounts and rebates to large buyers that were inaccessible to small competitors and were not justified by differences in the cost of distributing products to different retailers, the FTC’s complaint further alleged.  Settlement Terms  To resolve the FTC’s complaint, Southern has agreed to a series of conditions that will disincentivize the company from engaging in discriminatory pricing and compensate independent retailers if they are harmed. Specifically, the terms of the proposed stipulated order target “paired” transactions where Southern sells a product to a chain retailer at one price while contemporaneously selling that same product to a nearby independent retailer at a significantly higher price.  Southern will be in violation of the FTC’s proposed stipulated order, if, among other conditions, the paired transactions involve:  Significant price discrimination (exceeding a maximum threshold based on state-specific operating costs) Recurring price discrimination (in the aggregate, exceeding $5,000 over a 12-month period) Where a set of discriminatory paired transactions meets certain specifications, Southern can resolve the violation by paying the independent retailer 1.5 times the full aggregated price-differential amount. If Southern does not redress the price discrimination, the FTC can bring an enforcement action, and, if the Commission","url":"https://www.ftc.gov/news-events/news/press-releases/2026/10/ftc-secures-settlement-protects-small-businesses-illegal-price-discrimination","source":"Federal Trade Commission Concurrence communiqués"},{"titre":"FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game","pubDate":"Thu, 01 Oct 2026 08:11:55 +0200","id":3189423,"description":"FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game lfair July 11, 2016 | 11:17AM FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game By Lesley Fair In the popular video game Shadow of Mordor , players don’t just randomly slash, hack, and pillage. They battle specific opponents through a feature known as the Nemesis System. In the FTC’s lawsuit against Warner Bros. Home Entertainment , truth in advertising had a nemesis: paid pitches for Shadow of Mordor that Warner Bros. deceptively claimed were independent reviews. And read on for a startlingly candid statement by one of those influencers. To help launch Shadow of Mordor , Warner Bros. brought a social media company on board to coordinate a YouTube influencer campaign. One strategy was to hire influential gamers to post videos promoting Shadow of Mordor – videos that ultimately yielded more than 5.5 million YouTube views. In addition to free game access, Warner Bros. paid the influencers cash – ranging from hundreds of dollars to five figures. Influencers’ videos were subject to pre-approval and, according to the terms of the agreement, Warner Bros. “will be deemed the author and exclusive owner.” Warner Bros. was quite exacting in what else it required of influencers: “Video will feature gameplay” of the Shadow of Mordor game. “Video will have a strong verbal call-to-action to click the link in the description box for the viewer to go to the [game’s] website to learn more about the [game], to learn how they can register, and to learn how to play the game.” “Video will promote positive sentiment” about the game. “Video will not show bugs or glitches that may exist.” “Video will not communicate negative sentiment” about Warner Bros. Home Entertainment, its affiliates or the game. Warner Bros. also required “One Facebook post or one Tweet by Influencer in support of Video.” “Positive sentiment” posted for cash? That sounds like the kind of material connection between an advertiser and endorser the FTC says should be clearly and conspicuously disclosed. And for FTC watchers, that’s where the story gets almost as interesting as Shadow of Mordor . According to the complaint , influencers were directed to place sponsorship information in the text of the description box – that’s the collapsed box just below a YouTube video – not in the video itself. Furthermore, they were told to put “information about [the game] above the fold” in the description box and that the “description box will include FTC disclaimer disclosing that the post is sponsored.” But as the first example shows, only the top few lines of the description box are immediately visible. Without clicking the “Show More” button and possibly scrolling down, consumers wouldn’t see the sponsorship disclosure – especially since Warner Bros. mandated that game information had to come first. The second screenshot shows an example of the sponsorship information at the end of the expanded “Show More” box and illustrates – inadvertently perhaps – the FTC’s concern with the placement of the disclosure. In this example, the gamer wrote “This video sponsored by Warner Bros.” and followed with this telling statement: “No one reads this far into the description ... what are you doing snooping around.” Our sentiments exactly, Dude. In other instances, influencers’ videos included a half-hearted sponsorship disclosure – for example, “This has been one of my favorite sponsored games, so thanks that I could play it for free!!” – that failed to mention that in addition to free play, Warner Bros. was paying them thousands of dollars. The complaint charges that Warner Bros. falsely represented that the Shadow of Mordor gameplay videos reflected the independent opinions or experiences of impartial","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2016/07/ftc-challenges-influencer-campaign-warner-bros-shadow-mordor-game"},{"description":"The Federal Trade Commission issued a policy statement today announcing that the Commission will not bring an enforcement action under the Children’s Online Privacy Protection Rule (COPPA Rule) against certain website and online service operators that collect, use, and disclose personal information for the sole purpose of determining a user’s age via age verification technologies. The COPPA Rule requires operators of commercial websites or online services directed to children under 13, and operators with actual knowledge they are collecting personal information from a child, to provide notice of their information practices to parents and to obtain verifiable parental consent before collecting, using, or disclosing personal information collected from a child under 13. Age verification technologies play a critical role in helping parents as they monitor their children’s online activities. Since COPPA was enacted in 1998, there’s been an explosion in the use of internet-connected technologies by children. To help parents navigate the challenges associated with their children’s online activities, some states have started requiring some websites and online services to use age verification mechanisms to help determine the age of users. But as noted at the FTC’s recent workshop on age verification technologies , some age verification technologies may require the collection of personal information from children, prompting questions about whether such activities could violate the COPPA Rule. “Age verification technologies are some of the most child-protective technologies to emerge in decades,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “Our statement incentivizes operators to use these innovative tools, empowering parents to protect their children online.” The policy statement states that the Commission will not bring an enforcement action under the COPPA Rule against operators of general audience sites and services and mixed audience sites and services that collect, use, or disclose personal information for the sole purpose of determining a user’s age without first obtaining verifiable parental consent—if they comply with certain conditions, specifically that they: do not use or disclose information collected for age verification purposes for any purpose except to determine a user’s age; do not retain this information longer than necessary to fulfill the age verification purposes, and delete such information promptly thereafter; disclose information collected for age verification purposes only to those third parties the operator has taken reasonable steps to determine are capable of maintaining the confidentiality, security, and integrity of the information, including by obtaining certain written assurances from those third parties; provide clear notice to parents and children of the information collected for age verification purposes; employ reasonable security safeguards for information collected for age verification purposes; and take reasonable steps to determine that any product, service, method, or third party utilized for age verification purposes is likely to provide reasonably accurate results as to the user’s age. The policy statement indicates that the Commission intends to initiate a review of the COPPA Rule to address age verification mechanisms. The policy statement will remain effective until the Commission publishes final rule amendments on this issue in the Federal Register, or until otherwise withdrawn. The Commission vote to issue the policy statement was 2-0. The lead staffer on this matter is Manmeet Dhindsa from the FTC’s Bureau of Consumer","titre":"FTC Issues COPPA Policy Statement to Incentivize the Use of Age Verification Technologies to Protect Children Online","id":2721034,"pubDate":"Thu, 26 Feb 2026 09:21:56 +0100","source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/02/ftc-issues-coppa-policy-statement-incentivize-use-age-verification-technologies-protect-children"},{"source":"Federal Trade Commission Concurrence communiqués","url":"https://www.ftc.gov/news-events/news/press-releases/2025/08/ftc-challenges-anticompetitive-medical-device-deal","description":"The Federal Trade Commission today moved to block medical device supplier Edwards Lifesciences Corp.’s (Edwards) proposed acquisition of JenaValve Technology, Inc. (JenaValve) due to concerns that the acquisition would limit patient access to lifesaving medical devices used to treat a potentially fatal heart condition. The FTC alleges that over the span of two days in July 2024, Edwards executed agreements to acquire both JenaValve and JC Medical, the two leading companies competing to bring to market transcatheter aortic valve replacement devices that treat a heart condition called aortic regurgitation (TAVR-AR devices). Edwards closed its acquisition of JC Medical in August 2024, and its proposed $945 million acquisition of JenaValve would combine the only two companies with ongoing clinical trials in the United States for a TAVR-AR device. The deal threatens to reduce competition in the TAVR-AR market, likely resulting in reduced innovation, diminished product quality, and potentially increased prices for consumers, according to the complaint. “ Edwards’ attempt to buy the U.S. market for TAVR-AR devices would eliminate the head-to-head competition that has spurred innovation for lifesaving artificial heart valves,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “The FTC is taking action to stop this anticompetitive deal and ensure that JenaValve and Edwards’ JC Medical subsidiary continue competing to innovate, expand treatment eligibility, and keep down costs. Americans deserve all the benefits that come from competition between medical device makers, just as they do in other markets.” More than 8 million Americans suffer from aortic regurgitation, which occurs when the heart’s aortic valve does not close properly, causing blood to backflow into the heart. Currently, surgical valve replacement via open heart surgery is the only U.S. Food and Drug Administration (FDA) approved procedure to treat aortic regurgitation, and TAVR-AR devices offer a new and less invasive way to treat the condition. JenaValve is poised to become the first company to bring a TAVR-AR device, called Trilogy, to the commercial market in the United States. If Edwards acquires JenaValve, Edwards would gain control over the two most advanced TAVR-AR devices, the FTC complaint alleges. FDA approval or commercialization of any other TAVR-AR device in the United States by another company, aside from Edwards and JenaValve, is not expected for the foreseeable future. Direct head-to-head competition between Edwards, through its now-subsidiary JC Medical, and JenaValve has driven the two companies to accelerate the development of their TAVR-AR devices, the FTC’s complaint alleges. Ultimately, patients will benefit if JenaValve and Edwards continue to directly compete to complete their separate TAVR-AR device clinical trials, product improvements, and commercialization plans. The competition concerns caused by Edwards’ dual acquisition strategy are predicated on Edwards owning both JenaValve and JC Medical simultaneously, but Edwards has elected to attempt to buy JenaValve while retaining its ownership of JC Medical. Edwards has not been willing to engage on divesting JC Medical to resolve the competition concerns with the proposed JenaValve acquisition, according to the complaint. The Commission vote to issue an administrative complaint and authorize staff to seek a temporary restraining order and a preliminary injunction was 3-0. The federal court complaint and request for preliminary relief was filed in the U.S. District Court for the District of Columbia to halt the transaction pending an administrative proceeding. NOTE : The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The issuance of the administrative complaint marks the beginning of a proceeding in which the allegations will be tried in a formal","titre":"FTC Challenges Anticompetitive Medical Device Deal","id":2298968,"pubDate":"Thu, 07 Aug 2025 09:48:21 +0200"}]