The 9th Circuit's Surprising FDA Preemption Ruling
July 3, 2012, 12:21 PM EDT
Law360, New York (July 3, 2012, 12:21 PM EDT) -- In May 2012, the U.S. Court of Appeals for the Ninth Circuit issued a broad U.S. Food and Drug Administration preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful LLC and Coca-Cola Co. that has been going on for almost five years.
The decision is important because it finds preemption against a backdrop in which the FDA had not acted, and finds a competitor’s Lanham Act claims preempted simply because the FDA “can act.”
This was a competitor-versus-competitor Lanham Act...