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Supreme Court: Lanham Act Suit Not Preempted By FDA Regulation

by Keller Heckman LLP - Washington Office

June 20, 2014

Previously published on June 12, 2014

The U.S. Supreme Court today ruled unanimously that competitors may file an action under the Lanham Act to challenge the name, label, marketing and advertising of beverages and other food regulated by the U.S. Food and Drug Administration under the Federal Food Drug and Cosmetic Act.* Neither the FDCA nor FDA regulations preclude such actions.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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