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A Juicy Decision – FD&C Act Does Not Bar Lanham Act Claims
When is a pomegranate-blueberry juice not a pomegranate-blueberry juice? That’s what a district court will get to decide now that the U.S. Supreme Court has issued a ruling clarifying that the federal Food, Drug, and Cosmetic (FD&C) Act does not prohibit lawsuits brought by a competitor under the Lanham Act. The Court’s ruling could lead to a rise in false advertising lawsuits over product labels on food and beverages.