Mealey's IP/Tech - Supreme Court: Food Label Challenges Are Allowable Under Lanham Act

Mealey's IP/Tech - Supreme Court: Food Label Challenges Are Allowable Under Lanham Act

WASHINGTON, D.C. - The Ninth Circuit U.S. Court of Appeals erred in holding that a private party cannot allege Lanham Act false advertising in connection with a product label regulated under the Food, Drug and Cosmetic Act (FDCA), the U.S. Supreme Court unanimously ruled June 12 (POM Wonderful LLC v. The Coca-Cola Co., No. 12-761, U.S. Sup.).

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