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Supreme Court’s POM ruling will impact more than food and drink

Michael Loney, New York


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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