A recent Supreme Court decision in POM Wonderful v. Coca-Cola has opened a new potential avenue for challenges to advertising claims that appear on the labels of products subject to the Federal Food Drug and Cosmetic Act (FDCA) and the Food and Drug Administration rules that enforce the Act.
Although questions remain about the scope of the decision, write Venable attorneys Jeffrey D. Knowles and David D. Conway in the July edition of Response magazine, marketers of products subject to the FDCA, such as foods, dietary supplements, and cosmetics, have gained a powerful tool for challenging competitors' claims.
Read their column in Response to learn more about the POM Wonderful decision.