POM V. Coke May Impact Many FDA-Regulated Products

Law360, New York (May 8, 2014, 6:15 PM EDT) -- In POM Wonderful LLC v. Coca-Cola Co., the U.S. Supreme Court for the first time is addressing the intersection of the Lanham Act and the Federal Food, Drug, and Cosmetic Act. Although false advertising lawsuits involving products regulated by the U.S. Food and Drug Administration have been litigated for decades, lower court decisions often appear inconsistent and even contradictory, which makes them challenging to synthesize. The Supreme Court's decision in POM Wonderful may provide needed clarity in this area, although the decision is unlikely to address the full range of advertising claims that may be challenged for every category of FDA-regulated product. ...

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