2nd Circuit Affirms Dismissal Of Lanham Act Claims Over Scientific Study

NEW YORK - A journal article comparing the effectiveness of two competing types of surfactants cannot form the basis of a Lanham Act false advertising claim because the challenged statements are protected scientific opinion, the Second Circuit U.S. Court of Appeals affirmed June 26 (ONY Inc. v. Chiesi Farmaceutici S.p.A. et al., No. 12-2414, 2nd Cir.).

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