In a May 8 article published by Law360, intellectual property litigation partner Peter Brody (Washington, D.C.) discusses how the U.S. Supreme Court will address the intersection of the Lanham Act and the Federal Food, Drug and Cosmetic Act in the POM Wonderful LLC v. Coca-Cola Co. case. In the article, titled “POM V. Coke May Impact Many FDA-Regulated Products,” he provides background on the false advertising case and discuss how the decision may provide needed clarity but is unlikely to address the full range of advertising claims that may be challenged for every category of FDA-regulated product.
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