The 9th Circuit's Surprising FDA Preemption Ruling

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...
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