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ARTICLE · 13 JUNE 2014

Supreme Court Decision Alert - June 12, 2014

Mayer Brown
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Lanham Act—Private Right Of Action To Challenge Labels Regulated Under Federal Food, Drug, And Cosmetic Act; Inherited Individual Retirement Accounts (IRAs)—Bankruptcy—Exemptions

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
Brian Netter
Brian Netter
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Keywords: Lanham Act, private right of action, labels, Food, Drug, Cosmetic Act, IRAs, retirement funds, bankruptcy code

Yesterday, the Supreme Court issued two decisions, described below, of interest to the business community.

Lanham Act—Private Right Of Action To Challenge Labels Regulated Under Federal Food, Drug, And Cosmetic Act

Pom Wonderful LLC v. Coca-Cola Co, No. 12-761 (described in the January 13, 2014, Docket Report)

In POM Wonderful LLC v. Coca-Cola Co., No. 12-761, the Supreme Court unanimously held today that the Federal Food, Drug and Cosmetic Act does not preclude a Lanham Act lawsuit alleging that food or beverage labels are misleading, even if the labels comply with FDA food-labeling regulations. The POM decision broadens the legal remedies for false advertising available to competing food or beverage producers but does not affect consumer lawsuits.

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