Wednesday, November 16, 2005

Shark cartilage

United States v. Lane Labs-USA, Inc., 427 F.3d 219 (3d Cir. 2005), deepened a fifty-year-old circuit split. The district court found that a seller of the supposed cancer treatments BeneFin (shark cartilage) and SkinAnswer (glycoalkaloid) had committed misbranding and false advertising in violation of the Food, Drug and Cosmetic Act (FDCA). The court of appeals upheld the district court's equitable power to order restitution to consumers, despite the absence of explicit authorization for restitution in the text of the FDCA.

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