The federal Food and Drug Administration (FDA), after warning Lane Labs on multiple occasions that it was

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The federal Food and Drug Administration (“FDA”), after warning Lane Labs on multiple occasions that it was marketing three of its products without having obtained necessary FDA approval, filed suit for a permanent injunction. The FDA alleged that the three Lane Lab products in question were advertised to the public as remedies for cancer, HIV, and AIDS and none were properly branded nor approved. The FDA’s amended complaint requested injunctive relief and an order of restitution for consumers. The district court judge granted the FDA’s summary judgment motion, permanently enjoined Lane Labs, and ordered restitution. Lane Labs appealed to the U.S. Court of Appeals for the Third Circuit, maintaining that the Federal Food, Drug and Cosmetic Act (“FDCA”) only permitted the FDA to obtain injunctive relief in cases such as this, and did not authorize district courts to order restitution. Assume that there is no statutory provision authorizing federal judges to issue an order of restitution in FDA cases. Assume you are a judge having to decide this question. Based on your knowledge of the history of remedies, how should the court rule?

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