Ad Law Access
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…
Foreign Territory: Dietary Supplement Clinical Trials Conducted Abroad
The Federal Trade Commission ("FTC"), in the last couple of years, has made clear that it expects advertisers making strong cause-and-effect claims (e.g., “Lose weight,” “Helps prevent irregularity”) to possess, at a…
Introducing the Food and Drug Law Access Blog
We are proud to announce a new blog from Kelley Drye & Warren LLP: Food and Drug Law Access . This sister blog to Ad Law Access provides news and commentary concerning food and drug law and public policy developments,…
A Look Back at FDA's Scrutiny of Personal Care Products in 2011
Our new sister blog, Food and Drug Law Access, posted an informative article, " FDA's Scrutiny of Personal Care Products in 2011," from HAPPI -- the Household and Personal Products Industry magazine. It is often…