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Lanham Act Claims Are Not Precluded by Compliance with the FDCA

POM Wonderful LLC (“POM”) produces and sells a pomegranate-blueberry juice blend. POM brought a Lanham Act suit against Coca-Cola for allegedly marketing one of its juices in such a way that it misled consumers into thinking...more

California Supreme Court Holds Insurers are Subject to Unfair Competition Claims in Zhang Case

On August 1, the California Supreme Court issued its highly-anticipated decision in Zhang v. Superior Court, holding that the California Unfair Insurance Practices Act (Ins. Code §790 et seq.) does not necessarily preempt an...more

Khasin v. Hershey: Unduly Narrowing the Preemptive Scope of Pom Wonderful

As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more

Advertising News & Analysis - September 6, 2012

In this issue: - Don't Miss Venable at ERA D2C - FTC Publishes Guides for Mobile Application Makers - Decision in Louboutin Case is Black & White & Red All Over - Check Yourself Before You Wreck...more

Advertising Law Newsletter - April 22, 2011

In this issue: Tesla Sues BBC Over TV Show Depiction; CAN-SPAM Applies to Facebook Messages, Court Rules; FDA Proposes Rules for Calorie Disclosure; Will California Enact Its Own Privacy Law?; and FTC Settles with Oreck Over...more

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