Ad Law Access
Federal Court Awards Summary Judgment to Nestlé in False Advertising Class Action Involving Probiotic Supplement
On July 16, 2012, the United States District Court for the District of New Jersey granted summary judgment in favor of Nestlé Healthcare Nutrition, Inc. in Scheuerman, et al. v. Nestlé Healthcare Nutrition, Inc., No.…
All Sides Appeal Initial Decision in FTC's POM Wonderful Action
We reported on May 23 on Chief Administrative Law Judge Chappell's initial decision in the FTC's action against POM Wonderful. On June 4, all parties filed notices of appeal. The FTC staff's notice states that it is…
Administrative Judge in FTC versus POM Wonderful Lowers the Bar, but POM Still Can't Clear It
On May 17, Chief Administrative Law Judge Michael Chappell issued his Initial Decision in the FTC's case against POM Wonderful, accusing POM of making unsubstantiated claims that its pomegranate juice and pomegranate…
Ninth Circuit Pulps POM Wonderful's Lanham Act Claims Against Coca-Cola, Affirming FDA Preclusion of Challenge to Regulated Food Labeling
A panel of the Ninth Circuit Court of Appeals ruled May 17 on an appeal from summary judgment in a case filed by pomegranate juice maker POM Wonderful against the Coca-Cola Company's Minute Maid division. The dispute…
Recent Decision Applies Prior Substantiation Doctrine to Bar False Advertising Claims Based on Lack of Substantiation
Continuing with the recent trend of dismissing false advertising complaints premised on a "prior substantiation" theory or granting summary judgment to defendants in such cases where the plaintiff fails to demonstrate…