The FTC has filed a notice of appeal in FTC v. LabMD, stating:
Complaint Counsel intends to preserve and advance all arguments presented before the Administrative Law Judge at the evidentiary hearing and through Complaint Counsel’s post-trial briefs, including Complaint Counsel’s Proposed Findings of Fact and Conclusions of Law, Post-Trial Brief, Reply to Respondent’s Proposed Findings of Fact, Reply to Respondent’s Proposed Conclusions of Law, and Post-Trial Reply Brief.
So they’re going to do it all again and hope that their bosses come to a very different decision than the ALJ who heard all the evidence and had an opportunity to form impressions of the credibility of witnesses who testified during the case.