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ARTICLE · 12 DECEMBER 2018

False Advertising Claims Trump Again

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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As readers of this blog know, I often cover cases that deal with the interplay between regulatory compliance and false advertising.

United StatesMedia, Telecoms, IT, Entertainment

As readers of this blog know, I often cover cases that deal with the interplay between regulatory compliance and false advertising.  Notwithstanding the Supreme Court's holding in the POM Wonderful case, at least as to food labels that comply with the Food, Drug and Cosmetic Act ("FDCA"), advertisers are still battling in court as to whether their labels can give rise to false advertising claims under the Lanham Act if they comply with applicable regulations.

The 11th Circuit has just weighed in on this issue.  In Hi-Tech Pharmaceuticals, Inc. v. HBS Int'l Corp. (2018 WL 6314282 , No. 17-13884 (11th Cir. Dec. 4, 2018)), the Court held that Hi-Tech's Lanham Act claim was not barred by the FDCA.  In that case, Hi-Tech argued that HBS's label on its Hexapro protein supplement constituted false advertising because, Hi-Tech alleged, it misleads consumers as to the quantity and source of the protein in the supplement.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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