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Consumer Protection or Business Protection: New York Updates Consumer Protection Law to Go Beyond Protecting Consumers

April 6, 2026 | Blog | By Hope Foster, Lexie Gallo-Cook, Robert Kidwell, Samantha Kingsbury, Sherwet H. Witherington

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.

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Cognitive Dissonance II: Oral Arguments at Second Circuit in Quincy Bioscience’s Brain Health Dietary Supplements Case

March 11, 2026 | Blog | By Hope Foster, Robert Kidwell, Lexie Gallo-Cook, Samantha Kingsbury, Sherwet H. Witherington, Wali Miller

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.

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Cognitive Dissonance: State and Federal Enforcers’ Case Against Brain Health Dietary Supplement Due For Oral Arguments at the Second Circuit

February 20, 2026 | Blog | By Hope Foster, Robert Kidwell, Lexie Gallo-Cook, Samantha Kingsbury, Sherwet H. Witherington

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

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Acting U.S. Attorney Joshua Levy discussed the enforcement priorities for the Massachusetts U.S. Attorney’s Office (USAO) during a Q&A session on May 29, 2024, and made clear that the historical focus of the office remains the top priority: detecting and combating health care fraud, waste, and abuse. 

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