SCOTUS decision could have legal departments squeezing more out their label review practices

POM Wonderful decision will determine whether FDA regulation is the floor or the ceiling when it comes to labeling claims

POM Wonderful LLC’ s Lanham Act claim against Coca-Cola Inc. argues that Coke misled consumers on the contents of one of its Minute Made drinks.  While a decision in POM’s favor could mean penalties for Coke, the outcome of that case could have also have wide-ranging implications on how and when companies are vulnerable legal action against the way they label products.

While the Lanham Act was set up primarily to protect companies from copyright and trademark infringement, special stipulation within it allows for lawsuits between competitors in the event of unfair commerce practices.  “It provides for the protection and registration of trademarks, however it also has an unfair competition provision that also provides a course of action regarding false and misleading advertising,” says Thomas Williams, a partner at Ulmer & Berne LLP, and the author of the book, False Advertising and the Lanham Act.

Executive Editor

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Chris DiMarco

Chris DiMarco, Executive Editor of InsideCounsel magazine, has a background in multimedia production with previous involvement in projects in which he developed and created content...

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