LaFrance on Federal False Advertising Claims Arising From FDA-Compliant Labels: POM Wonderful LLC v. Coca-Cola Co., 2014 U.S. LEXIS 4165 (June 12, 2014) (PDF)
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In POM Wonderful LLC v. Coca-Cola Co., the Supreme Court held that a misleading food or beverage label may be actionable under the false advertising provisions of the Lanham Act even if the label satisfies the requirements of the federal Food, Drug, and Cosmetics Act and regulations thereunder. Thus, for the food and beverage industry, FDA compliance is not a safe harbor against false advertising claims.
Mary LaFrance is the IGT Professor of Intellectual Property Law at the William S. Boyd School of Law, University of Nevada, Las Vegas. Prior to joining the Boyd School of Law, Professor LaFrance served on the faculty of the Florida State University College of Law and the Florida State University School of Motion Pictures, Television, and Recording Arts. She is the author of numerous books and law review articles on domestic and international intellectual property law, as well as the taxation of intellectual property. Her books include Intellectual Property Cases and Materials (West 4th ed. 2012) (with David Lange, Gary Myers, and Lee Ann Lockridge), Understanding Trademark Law (Matthew Bender 2d ed. 2009), Copyright Law in a Nutshell (West 2008), Global Issues in Copyright Law (West 2009), and Understanding Intellectual Property Law (Mathew Bender 2011) (with Donald Chisum, Tyler Ochoa, and Shubha Ghosh).
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