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|Supreme Court Opens Door to Food and Beverage Label Challenges Under Lanham Act|
David D. Conway, Martin L. Saad; Venable LLP;
July 4, 2014, previously published on June 26, 2014The United States Supreme Court paved the way on June 12 for competitors to challenge FDA-regulated food and beverage labels under the Lanham Act. The Court's opinion in POM Wonderful LLC v. The Coca-Cola Co, is the latest chapter in a long-running feud between the two beverage companies. The...
|Is Your Food and Beverage Label Now Susceptible to Attack?|
McDonald Hopkins LLC;
July 4, 2014, previously published on June 27, 2014As a consequence of the United States Supreme Court’s recent unanimous ruling in Pom Wonderful LLC v. Coca-Cola Co., food labels will now come under increased scrutiny and attack by competitors. The issue under consideration was not actually the label but rather the interplay between two...
|FDA Issues Draft Guidance on Promotion on Internet and Social Media Platforms|
Sarah J. Abramson, David G. Adams, Kristen R. Klesh; Venable LLP;
July 4, 2014, previously published on June 2014On June 17, 2014, the FDA issued long-awaited draft guidance documents addressing two challenges related to use of social media to communicate about FDA regulated products: dissemination of information in character-limited forums and the correction of third-party misinformation. While helpful in...
|Edmonton Industrial Park to Develop LNG for Export to China|
Sutherland Asbill Brennan LLP;
July 3, 2014, previously published on June 27, 2014The Edmonton Economic Development Corporation (EEDC) announced plans to build a 1,000 acre industrial park in Sturgeon County, including a facility to make LNG to export to China. EEDC signed a memorandum of understanding with two partners - Gascana AB Energy Ltd. And Gascana-Sino Industrial Park...
|Golar LNG Limited Successfully Prices Public Follow-On Offering of its Common Stock|
Sutherland Asbill Brennan LLP;
July 3, 2014, previously published on June 27, 2014On Wednesday, Golar LNG announced the pricing of its offering of 11 million shares of common stock at $54 per share. The stock opened trading today at the price of 59.27, a 9.8% increase from the offering price. Golar LNG granted its underwriters a 30-day option to purchase up to an additional...
|Signed, Sealed, Delivered, They're Ours: Illinois Sources Cloud Computing Receipts Using Market-Based Approach|
Sahang-Hee Hahn, Pilar Mata; Sutherland Asbill & Brennan LLP;
July 3, 2014, previously published on June 27, 2014The Illinois Department of Revenue determined that a taxpayer’s cloud computing receipts should be sourced for sales factor purposes using a market-based approach because the receipts were derived from services. The taxpayer was an information technology hosting services provider engaged in a...
|Supreme Court Rules Compliance with FDA Labeling Guidelines Does Not Bar Lanham Act False Advertising Suits - POM Wonderful v. Coca-Cola Co.|
Bruce Colbath, Gregg Re; Sheppard Mullin Richter Hampton LLP;
July 2, 2014, previously published on June 19, 2014In a highly anticipated decision, the Supreme Court on June 12 announced that compliance with food labeling guidelines promulgated by the Food and Drug Administration will not operate as a bar against false advertising claims brought under the Lanham Act. In its decision, the Court made clear that...
|FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media|
Loeb Loeb LLP;
July 1, 2014, previously published on June 2014In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the monitoring of third-party online posts. Although the guidances,...
|FTC Cuts Down Plastic Lumber Recycled Content Claims|
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
June 26, 2014, previously published on June 20, 2014For the second time in five months, the Federal Trade Commission (FTC) has announced a settlement of allegedly deceptive recycled content claims for plastic lumber.
|Federal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations|
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
June 17, 2014, previously published on June 12, 2014In a closely watched case involving allegations of false advertising by competitors, the U.S. Supreme Court handed a victory to POM Wonderful by accepting that company’s argument that mere compliance with governmental regulations does not preclude or preempt false advertising claims under the...