Federal Trade Commission v. Garvey

PREGERSON, Circuit Judge:

The Federal Trade Commission (“FTC”) appeals a ruling on summary judgment that its suit against Mark Levine, David Richmond, and Modern Interactive Technology, Inc. (collectively, the “Modern Interactive defendants”) is barred by res judicata. The FTC also appeals the ruling, following a bench trial, that Steven Patrick Garvey and Garvey Management Group, Inc. (collectively, the “Garvey defendants”) relied on adequate substantiation and therefore are not liable for Garvey’s advertising claims for the weight loss product at issue in this case.

For the reasons discussed…