Consumer Protection Defense

Kathy Hochul’s FAIR Business Practices Act significantly expands New York’s consumer protection law, broadening the NYAG’s enforcement authority over unfair and abusive practices—including in purely commercial conduct—with health care as a key priority.

Federal Trade Commission (FTC) Chairman Andrew Ferguson announced the launch of a Healthcare Task Force on March 20, 2026, signaling a significant escalation in the FTC’s approach to healthcare oversight. The directive aligns with President Trump’s February 25, 2025 Executive Order, Making America Healthy Again by Empowering Patients with Clear, Accurate, and Actionable Healthcare Pricing Information (Executive Order), and reflects FTC’s intent to institutionalize and broaden healthcare enforcement while shaping policy moving forward. 

The Second Circuit weighs materiality under New York Executive Law Section 63(12), the scope of FTC injunctions, and the NYAG’s bid for damages in the Prevagen case.

Legal battle over Prevagen heads to the Second Circuit as FTC and NYAG dispute nationwide injunction, state authority, and standards for dietary supplement claims.

Legal battle over Prevagen heads to the Second Circuit as FTC and NYAG dispute nationwide injunction, state authority, and standards for dietary supplement claims.

Explore how consumer protection regulators tackled health care issues in 2025, from GLP-1 weight loss drugs to AI oversight and pricing transparency. Learn what enforcement trends mean for health care companies in 2026.

On January 13, 2025, California Attorney General Rob Bonta (the California AG) issued two Legal Advisories regarding the utilization of artificial intelligence (AI). The first Legal Advisory provides guidance to consumers and entities developing, selling, and using AI describing their rights and obligations under California law. The second Legal Advisory, entitled Application of Existing California Law to Artificial Intelligence in Healthcare (the Health Care Legal Advisory), is expressly directed at health care providers, insurers, vendors, investors, and other health care entities who develop, sell, and use AI and other automated decision-making tools.

In 2024, the FTC and state attorneys general pursued various theories of liability against a diverse array of entities offering health care or health care–related services, and employed numerous different enforcement tools and partnerships. We expect that the agencies will continue developing these strategies in 2025.