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Media Coverage

Attys React To High Court's Pom v. Coke Lanham Act Ruling

June 16, 2014

Media Coverage

Attys React To High Court's Pom v. Coke Lanham Act Ruling

June 16, 2014

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a Law360 interview

Fish’s Mark Puzella share his insights about the significance of the Supreme Court decision in Pom Wonderful LLC v. Coca-Cola Co.

“The court’s decision in Pom Wonderful LLC v. The Coca-Cola Co. is important because it identifies a potential new front in false advertising litigation. Companies that sell products governed by FDCA labeling requirements and have relied solely on compliance with the FDCA in their pre-marketing review run a significant risk of similar litigation. Branding professionals need to review their labels — and any other marketing — to assure compliance with the Lanham Act separate from compliance with FDCA regulations.  It is highly likely that in competitive and mature markets participants will be reviewing competitors’ labeling with renewed and increased scrutiny.”

The full Law360 article, which was published on June 12, 2014, can be read here.

Fish also prepared a client alert summarizing the decision and it is available here.

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