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|Dueling 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;
July 1, 2014, previously published on June 2014SCOTUS 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)....
|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,...
|California Supreme Court to Decide Whether Organic Regulations Preempt State Consumer Labeling Claims|
Gene Summerlin; Husch Blackwell LLP;
June 26, 2014, previously published on June 10, 2014In 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...
|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...
|Supreme Court: Lanham Act Suit Not Preempted By FDA Regulation|
Keller Heckman LLP;
June 20, 2014, previously published on June 12, 2014The 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...
|Compliance 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;
June 20, 2014, previously published on June 16, 2014On 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...
|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...
|Proposed Health IT Strategy Aims to Promote Innovation|
Eugene Y.C. Ngai, Stephanie L. Zeppa; Sheppard, Mullin, Richter & Hampton LLP;
June 17, 2014, previously published on June 11, 2014On 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...
|Federal Government Cracks Down on Cheese|
McDonald Hopkins LLC;
June 17, 2014, previously published on June 13, 2014That 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...
|Do Product Labels Matter? Maybe|
Helene M. Freeman; Phillips Nizer LLP;
June 5, 2014, previously published on May 21, 2014Why 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...