June 20, 2015Speaking Engagement

Juiced Up: POM Wonderful and the Future of False Advertising and Unfair Competition Claims in Regulated Industries

North Carolina Bar Association Annual Meeting

In June 2014, the United States Supreme Court decided POM Wonderful LLC v. Coca-Cola Co. The case involved a false advertising claim directed at a juice label regulated by the Food and Drug Administration ("FDA"). It would be a mistake to read POM Wonderful as a case solely about juice labeling. The case's holding extends readily to all industries regulated by the FDA under the Federal, Food, Drug, and Cosmetic Act, namely the food, drug, dietary supplements, medical device, and cosmetic industries. Read broadly, POM Wonderful stands for the proposition that mere compliance with a regulatory standard does not insulate a party from false advertising liability. As a result, all regulated industries should take notice.

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