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In Case Against Quincy Bioscience FTC Admits Cannot Seek Monetary Relief in SDNY

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Sept 17 – Back in 2017 the FTC and New York State's then-AG Eric Schneiderman sued Quincy Bioscience Holding Company  for fraudulent marketing of the dietary supplement Prevagen.   

    On September 17 U.S. District Court for the Southern District of New York Judge Louis L. Stanton held a proceeding. Inner City Press covered it. 

   Judge Stanton asked why there should be motion practice if there was no dispute or opposition.

The FTC, under current law, cannot get monetary relief. After some back and forth it was agreed, and then ordered: the FTC's claim for monetary relief is dismissed without prejudice and with leave to renew and to seek such relief if the applicable law, as set forth in AMG Capital Mgmt., LLC v. FTC, 141 S. Ct. 1341 (2021) were to be changed to allow such a recovery.

The case is Federal Trade Commission et al. v. Quincy Bioscience Holding Company, Inc. et al., 17-cv-124 (Stanton)


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