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HTMLDueling FDA Regulations Do Not Preclude Private Parties from Bringing Lanham Act Suits, Thereby Permitting POM to Bring Action against Coca-Cola for Alleged Deceptive Drink Labeling
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 1, 2014, previously published on June 2014
SCOTUS reviewed its second Lanham Act challenge this Term in POM Wonderful LLC v. Coca-Cola Co. See Lexmark Int’l Inc. v. Static Control Components, Inc., 572 U.S. ---, 132 S. Ct. 1377 (2014) (articulating the standards for standing to bring false advertisement claims under the Lanham Act)....

 

HTMLCalifornia Supreme Court to Decide Whether Organic Regulations Preempt State Consumer Labeling Claims
Gene Summerlin; Husch Blackwell LLP;
Legal Alert/Article
June 26, 2014, previously published on June 10, 2014
In Quesada v. Herb Thyme Farms, Inc., the California Court of Appeals held that state law labeling and deceptive trade practices claims arising from alleged mislabeling of organic products were preempted by the National Organic Program. The plaintiff sought review by the California Supreme Court...

 

HTMLThe 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;
Legal Alert/Article
June 26, 2014, previously published on June 17, 2014
Last 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...

 

Adobe PDFSupreme Court: Lanham Act Suit Not Preempted By FDA Regulation
Keller Heckman LLP;
Legal Alert/Article
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...

 

HTMLCompliance with FDA Regulations May Not Protect a Company From the Risk of Liability to Competitors via Unfair Competition Challenges
Douglas J. Behr, Alyssia J. Bryant, Melvin S. Drozen, Arthur S. Garrett; Keller and Heckman LLP;
Legal Alert/Article
June 20, 2014, previously published on June 16, 2014
On June 12, 2014, the Supreme Court unanimously held that one competitor may sue another under the federal Lanham Act for false, misleading, or deceptive advertising and labeling of its food and beverage products even though the labeling may conform with FDA regulations. The Supreme Court took the...

 

HTMLFederal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
June 17, 2014, previously published on June 12, 2014
In 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...

 

HTMLProposed Health IT Strategy Aims to Promote Innovation
Eugene Y.C. Ngai, Stephanie L. Zeppa; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 17, 2014, previously published on June 11, 2014
On April 7, 2014, the Food and Drug Administration (FDA), in consultation with the Office of the National Coordinator for Health Information Technology (ONC) and the Federal Communications Commission (FCC) released a draft report addressing a proposed strategy and recommendations on an...

 

HTMLFederal Government Cracks Down on Cheese
McDonald Hopkins LLC;
Legal Alert/Article
June 17, 2014, previously published on June 13, 2014
That headline isn’t a typo. The Food and Drug Administration (FDA) is concerned about the public health safety of using wooden boards to age or ripen cheese. The agency recently cited several New York state cheese makers for using the boards in a recent inspection, saying the...

 

HTMLDo Product Labels Matter? Maybe
Helene M. Freeman; Phillips Nizer LLP;
Legal Alert/Article
June 5, 2014, previously published on May 21, 2014
Why is a can for Minute Maid juice like a coat? The answer: Because federal statutes and government regulations prescribe how each is labeled. In the case of juice, the label is prescribed by the U.S. Food and Drug Administration (FDA) regulations promulgated under the Nutritional Labeling and...

 

Adobe PDFESDC Announces Moratorium on LMO Applications Related to the Food Services Sector
Henry J. Chang; Blaney McMurtry LLP;
Legal Alert/Article
June 4, 2014, previously published on May 14, 2014
On April 24, 2014, Canada’s Minister of Employment and Social Development (Jason Kenney) announced an immediate moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program (“TFWP”). As a result, Employment and Social Development Canada...

 


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