The Tenth Circuit Court of Appeals has held that restitution and disgorgement are equitable remedies available under the Food Drug and Cosmetic Act. See US v. Rx Depot, No. 05-5003 (10th Cir. Feb 22, 2006). The Rx Depot decision follows the decision in US v. Lane Labs where the Third Circuit held, in a case of first impression in the federal appeals courts, that disgorgement and restitution are authorized by the FDCA. We previously discussed that decision here.