When Regulatory Standards And Truth In Advertising Collide

Law360 (November 7, 2018, 2:00 PM EST) -- Defendants often will argue against false advertising complaints on the grounds that their labels or their advertising claims comply with specific applicable regulations and that, ipso facto, their statements cannot give rise to a claim under the Lanham Act or a challenge at the National Advertising Division, the self-regulatory forum for advertising disputes. For the most part, courts and the NAD have rejected this theory.

Most notably, in the POM Wonderful case, the U.S. Supreme Court held that “the [Food, Drug, and Cosmetic Act] and the Lanham Act complement each other” and “Congress did not intend the FDCA to preclude Lanham...

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