Skip to content

menu

Open Legal Blog Archive logo
HomeAboutBlogsFAQsSubmit

Supreme Court to Explore Tension between FDA Labelling Laws and False Advertising under the Lanham Act

By B. Brett Heavner on February 24, 2014

On January 10, 2014, the Supreme Court agreed to hear the appeal in  POM Wonderful v Coca-Cola.  This case explores the tension between how the FDA [Food and Drug Administration] deals with factual statements on labelling versus how the Lanham Act, which governs trade mark law and false advertising law, deals with factual statements on labelling.  At trial and then on appeal, the courts below took the view that the mere existence of specific regulations by the FDA relating to labelling preempts the ability of a private company to sue for false statements in the labelling under the Lanham Act. The Supreme Court will determine whether that is a correct interpretation of the FDA regulations.

Read more

  • Posted in:
    Intellectual Property
  • Blog:
    Incontestable Blog
  • Organization:
    Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
  • Article: View Original Source

Open Legal Blog Archive, Inc. logo
Seattle, Washington
Copyright © 2026, Open Legal Blog Archive, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo