Supreme Court’s POM ruling will impact more than food and drink
IP practitioners say that the Supreme Court’s POM Wonderful v Coca-Cola ruling is unlikely to spark a flood of food and beverage labelling lawsuits but may have wider implications elsewhere
The Supreme Court issued
its 8-0 decision in the case on June 12, holding that
Lanham Act false advertising claims are not pre-empted by the
Federal Food, Drug and Cosmetic Act (FDCA) or related Food and
Drug Administration (FDA) regulations.
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