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False Advertising Food and Drug Administration (FDA) POM Wonderful

Foley Hoag LLP

FDA Issues Guidance on Supply Interruptions and Discontinuance Notification Requirements for Emergency and Life Supporting Drugs

Foley Hoag LLP on

On April 1, 2020, FDA issued a guidance document instructing companies on how to notify the agency of a permanent discontinuance or interruption of manufacturing of certain products pursuant to Section 506C of the FDCA (21...more

Cozen O'Connor

POM Wonderful LLC v. Coca Cola Co.: legal battle nearly over, but industry litigation landscape forever changed…

Cozen O'Connor on

On March 18, 2016, Pom Wonderful LLC made closing arguments in its trial against Coca-Cola for the alleged misleading marketing of a pomegranate-blueberry juice which contained only trace amounts of either pomegranate or...more

McNees Wallace & Nurick LLC

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

Morrison & Foerster LLP - Class Dismissed

Pom Wonderful Drops Ninth Circuit Appeal of State Claims Filed Against Coca-Cola

On September 19, 2014, Pom Wonderful, LLC dropped its Ninth Circuit appeal of a ruling that dismissed its state deceptive advertising and unfair competition claims against Coca-Cola, a sibling case to a recent Supreme Court...more

Akerman LLP

Supreme Court Allows POM Wonderful to Sue Coke for False Advertising, Despite Its Apparent Compliance with FDA Regulations

Akerman LLP on

In a unanimous decision, the Supreme Court in POM Wonderful LLC v. The Coca Cola Co. (June 12, 2014) held that the Food, Drug, and Cosmetic Act (FDCA) does not preclude a private party from bringing a Lanham Act claim...more

Polsinelli

Labeling Laws for the Food and Beverage Industry – Unfair Competition and Mislabeled Products

Polsinelli on

In a recent unanimous U.S. Supreme Court ruling, the court opened the door for private parties, including competitors, to bring false advertising and misrepresentation claims under the Lanham Act even if the product labels...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2014

Online Reviews Not Sufficient To Support Ad Claim, NAD Rules - While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more

McDermott Will & Emery

Supreme Court: FDCA Compliance Does Not Bar Lanham Act Claims

McDermott Will & Emery on

POM Wonderful LLC v. Coca-Cola Co. - In a unanimous decision, the Supreme Court of the United States reversed the U.S. Court of Appeals for the Ninth Circuit ruling that the Food, Drug, and Cosmetic Act (FDCA) and its...more

Latham & Watkins LLP

POM Wonderful Decision: Companies Cannot Rely on FDCA for Protection from False Advertising Liability

Latham & Watkins LLP on

The US Supreme Court allows private parties to bring Lanham Act claims challenging product labels that otherwise satisfy the Food, Drug, and Cosmetic Act. In a battle of the beverages, the Supreme Court recently...more

Carlton Fields

POM v. Coca-Cola Further Dilutes Consumer Class Action Claims for Deceptive Labeling

Carlton Fields on

The Supreme Court's recent decision in POM Wonderful LLC v. Coca-Cola Company could have redefined the consumer class action landscape with respect to claims for the deceptive labeling of food products. Instead, the decision...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules Compliance with FDA Labeling Guidelines Does Not Bar Lanham Act False Advertising Suits – POM Wonderful v....

In a highly anticipated decision, the Supreme Court on June 12 announced that compliance with food labeling guidelines promulgated by the Food and Drug Administration will not operate as a bar against false advertising claims...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Rules That Food and Beverage Mislabeling Claims Do Not Foreclose Competitor's Unfair Competition Claims Under §43(a)...

On Thursday, June 12, 2014, Justice Anthony Kennedy delivered an opinion for a unanimous United States Supreme Court in POM Wonderful LLC v. The Coca-Cola Co., No. 12-761, in which the Court ruled that the Federal Food, Drug,...more

Faegre Drinker Biddle & Reath LLP

POM Wonderful™ News for Prescription Drug and Device Manufacturers?

Last week, the Supreme Court decided that POM Wonderful™, maker of pomegranate juice, could sue Coca-Cola Company, maker of a blended juice product that included pomegranate and blueberry juices, under the Lanham Act for...more

Foley Hoag LLP - Trademark, Copyright &...

Supreme Court Paves The Way For Lanham Act Claims Against FDA-Regulated Competitors

The Supreme Court issued a unanimous decision last week in Pom Wonderful LLC v. Coca-Cola Co., a case pitting the false advertising provisions of the Lanham Act against the beverage labeling standards of the federal Food Drug...more

McDermott Will & Emery

Supreme Court Rules Competitors Can Bring Suit Against FDA-Regulated Labels

McDermott Will & Emery on

On June 12, 2014, a unanimous Supreme Court of the United States ruled that competitors may bring federal false advertising and unfair competition claims against beverage labels that are regulated by the Food and Drug...more

Womble Bond Dickinson

Supreme Court Decision May Lead to More False Advertising Claims in Food and Beverage Industry

Womble Bond Dickinson on

The Supreme Court's ruling in Pom Wonderful LLC v. Coca-Cola Co. may open the door to more false advertising claims regarding food and beverage labeling....more

Miller Canfield

Supreme Court Turns FDCA Preclusion Argument to Pulp in Lanham Act Juice Case

Miller Canfield on

Demonstrating compliance with Food and Drug Administration (FDA) labeling rules wasn’t enough for Coca-Cola to ward off a Lanham Act false-advertising claim by POM Wonderful, LLC, the U.S. Supreme Court unanimously ruled in...more

Morrison & Foerster LLP - Class Dismissed

Pom Wonderful Case Against Coca-Cola Heads to the High Court

The United States Supreme Court has decided to wade into a battle between POM Wonderful LLC and Coca-Cola Co. over whether Coke’s labeling of its Minute Maid pomegranate-blueberry juice blend violates the Lanham Act’s...more

Davis Wright Tremaine LLP

Supreme Court Grants Certiorari in POM’s Attack on FDCA/Lanham Act Preemption

On Friday, the Supreme Court granted the certiorari petition of Pom Wonderful in its Lanham Act false advertising case against Coca-Cola. Pom Wonderful LLC v. Coca Cola Co., 679 F.3d 1170 (9th Cir. 2012), cert granted, ___...more

Gray Reed

The Greatest Blog Post About Deceptive Advertising Ever Written*

Gray Reed on

Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never...more

Patterson Belknap Webb & Tyler LLP

FTC Drops Bomb on Pom: Finds Ads Touting Health Benefits of Pomegranates Unsubstantiated and False

Last week, the Federal Trade Commission issued its much-anticipated ruling in the agency’s case against POM Wonderful. In a unanimous 5-0 decision, the Commission found that Pom’s advertisements touting the amazing health...more

Patterson Belknap Webb & Tyler LLP

FTC Prevails In Case Against Pom Wonderful: Court Issues 20-Year Injunction Barring Unsubstantiated Health Claims

Earlier this week an administrative law judge ruled in favor of the FTC in its closely watched trial against Pom Wonderful, finding that years of advertising by Pom Wonderful falsely exaggerated the health benefits of...more

JD Supra Perspectives

US Federal Trade Commission ruling that POM Wonderful Makes False Advertising Claims

JD Supra Perspectives on

Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising. From Courthouse News: “Pom Wonderful makes deceptive...more

Mintz

FTC “Pomels” POM Wonderful and Other Companies for Making Allegedly False and Misleading Health Claims

Mintz on

The Federal Trade Commission’s (FTC’s) recent enforcement initiatives on health claims may be heading for a showdown. On September 27, 2010, the FTC issued a particularly detailed 25-page administrative complaint charging POM...more

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