Updates
July 22, 2014

In a recent unanimous U.S. Supreme Court ruling, the court opened the door for private parties, including competitors, to bring false advertising and misrepresentation claims under the Lanham Act even if the product labels comply with all FDA regulations. The Supreme Court’s decision in the POM v. Coca-Cola Co. case cements the idea that compliance with FDA regulations does not insulate a company from having to defend itself against false advertising and misrepresentation claims under the Lanham Act or certain other state laws. As such, producers of food and beverages will need to comply with FDA regulations, USDA regulations, the Lanham Act, and certain state laws when creating labels and advertisements.

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