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POM Also Thinks Justice Kennedy Wonderful (Indeed, his colleagues, too)

By Richard Goldfarb on June 16, 2014
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In its much-anticipated decision, the United States Supreme Court last week declared that the Federal Food, Drug and Cosmetic Act and the federal Lanham Act can coexist side-by-side.  In other words, even if you comply perfectly with the FDA’s labeling rules on something, you can still be sued by a competitor for a misleading label under the Lanham Act.

The facts of the case are better explained by John Oliver than by me. 

And the decision itself is remarkable for being unanimous (Justice Breyer recused himself; either he owns Coca-Cola stock or he drinks POM Wonderful every morning) and stating a relatively clear rule (and one that Congress could override if it chose; the Constitution is not present in this case). 

Note finally that the case simply gives POM Wonderful the right to continue to sue to vindicate its claim that the label was misleading. 

Photo of Richard Goldfarb Richard Goldfarb

Rick Goldfarb practices primarily in the commercial, banking, corporate and securities law areas. He is experienced in complex commercial transactions, including foreign and domestic sales; secured transactions for banks, other financial institutions and borrowers; and in essentially all aspects of the Uniform Commercial…

Rick Goldfarb practices primarily in the commercial, banking, corporate and securities law areas. He is experienced in complex commercial transactions, including foreign and domestic sales; secured transactions for banks, other financial institutions and borrowers; and in essentially all aspects of the Uniform Commercial Code. Rick also serves as a general corporate counselor. In the course of his career, he has represented lenders and borrowers in industries as diverse as fishing and shipbuilding, Alaska Native corporations and Indian tribes, timber and paper, agribusiness, and high technology.

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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Food Liability Law
  • Organization:
    Stoel Rives LLP

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