Attys React to High Court’s Pom v. Coke Lanham Act Ruling


Robert Zelnick said the Supreme Court’s decision that a food company can bring false advertising claims under the Lanham Act “reaffirms that food and beverage advertising requires a multi-level legal clearance” with FDA and other federal agency labeling requirements as well as with laws against misrepresentation to hurt a competitor’s business. “It is not enough merely to comply with federal regulations, and to assume that advertising or labeling that meets agency requirements is immune from lawsuits by competitors under the Lanham Act,” Mr. Zelnick observed.