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|The Food Fight Continues: POM Wonderful’s Lanham Act Claim Not Barred by Food Labeling Regulations|
Michael R. Annis, Christopher M. Bikus, Megan R. Galey; Husch Blackwell LLP;
June 26, 2014, previously published on June 17, 2014Last Thursday (June 19), the U.S. Supreme Court unanimously decided that the federal Food, Drug and Cosmetic Act (“FDCA”) does not preclude POM Wonderful’s deceptive labeling claims under the Lanham Act against Coca-Cola. POM Wonderful LLC v. Coca-Cola Co., No. 12-761, slip op. at...
|United States Court of Appeals for the District of Columbia Circuit Dismissed Plaintiffs’ Claims for Lack of Article III Standing and Failure to Demonstrate General Causation|
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
June 25, 2014, previously published on June 2014In Venancio Aguasanta Arias v. Dyncorp, the United States Court of Appeals for the District of Columbia Circuit affirmed all but one of the prior judgments rendered by the District Court. Appellants consist of a group of Ecuadorian provinces and individual farmers who alleged personal injury and...
|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...
|Brand Owners Beware: Important Changes in Canadian Trademark Law are on the Horizon|
Joan K. Archer; Husch Blackwell LLP;
June 11, 2014, previously published on June 4, 2014The Canadian Government recently introduced Bill C-31, the Economic Action Plan Act 2014, No.1. This omnibus bill includes changes to a wide variety of laws in Canada. The potential amendments to Canada’s Trade-marks Act will have a significant impact on brand owners, as well as intellectual...
|Keeping the Farm in the Family: Gift Planning by Defined Valuation Clauses|
George F. Bearup; Smith Haughey Rice & Roegge, P.C.;
June 6, 2014, previously published on May 27, 2014We regularly counsel our clients on their desires to keep the farm in the family. Farms tend to embody a lot of family history and hard work that their owners want to pass on to their kids and grandchildren. Although there are numerous ways to pass it on, one of the ways often contemplated is by a...
|UAVs or “Drones”.... Will They Change Agriculture?|
Matthew R. Grant; Husch Blackwell LLP;
May 30, 2014, previously published on May 27, 2014When most consumers hear the word “drone” they envision military or surveillance operations. But, Unmanned Aerial Vehicles (UAVs) appear to be a significant industry and offer a vast array of resources for differing applications. As recently blogged by our team counterparts in the...
|Following Florida Office of Insurance Regulation Reminder on Deductible, Copayment Exemption, Rulemaking Begins on Florida's Crimes Compensation Act Claims Filing|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
May 28, 2014, previously published on May 23, 2014Rulemaking has commenced by the Florida Department of Legal Affairs to clarify definitions, documentation requirements, and amend benefits and procedures for claims filed pursuant to Florida's Crimes Compensation Act.
|NOP Issues Final Guidance Concerning “Made with Organic” Claims|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
May 19, 2014, previously published on May 15, 2014In 2011, the National Organic Program (“NOP”) of the USDA announced the availability of a draft guidance for “Made with Organic” claims. Of the four categories of organic claims (“100% organic,” “organic,” “made with organic,” “x%...
|Clarifying “Made With Organic”|
Marnie A. Jensen; Husch Blackwell LLP;
May 19, 2014, previously published on May 12, 2014“Organic” can mean many things, but above all it is a regulated labeling term. There are actually five labeling categories allowed under the USDA organic regulations (100% Organic, Organic, Made With Organic, Specific Organic Ingredients, and Livestock Feed). Many people find the...
|House Bills Proposed to Amend Solid Waste Act and Promote Beneficial Use of Materials|
Charles E. Barbieri; Foster, Swift, Collins & Smith, P.C.;
April 30, 2014, previously published on April 22, 2014Members of the Michigan House introduced three bills, HB5400, HB5401, and HB5403, to primarily amend Michigan’s Solid Waste Act, Part 115 of the Natural Resources and Environmental Protection Act (NREPA) on March 11, 2014. If amended, the act would promote the use of inert, low hazard,...