AD Nauseam: False Advertising on Trial – Inside the Intuit Decision

On today’s episode of AD Nauseam, Amy and Daniel unpack the Fifth Circuit’s Intuit decision, which vacated an FTC cease‑and‑desist order and held that the FTC’s administrative process violates constitutional separation‑of‑powers principles in false advertising cases. They discuss how the ruling—building on AMG and Jarkesy—could significantly curtail the FTC’s ability to pursue monetary remedies through administrative enforcement and reshape the agency’s consumer protection strategy going forward.

Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com