False Advertising Supreme Court Cases
First there is now a nationwide standard that should reduce forum shopping where standing may be an issue.
False advertising supreme court cases. In a brief submitted to the supreme court the group said that allowing poms lanham act claims to survive would severely. The ruling will be something of a blow to american beverage association a soft drinks trade group that has come out in support of coca cola in the case. United states supreme court cases. Supreme court decisions since 1760.
For companies that cross the line it can cost millions and lead to a damaged reputation. Welcome to findlaws searchable database of us. Syllabus a pre emption case for it does not raise the question whether state law is pre empted by a federal law see wyeth v. The lexmark decision has important implications for false advertising litigants.
That run came to an end yesterday however when the second circuit court of appeals in new york reversed the dismissal of claims regarding kelloggs cheez it crackers. The supreme court held that to have standing to bring an action for false advertising a plaintiff must plead an injury to a commercial interest in sales or business reputation proximately caused by the defendants misrepresentations. Tion under one federal statute by the provisions of another federal statute. 555 563 but instead concerns the alleged preclusion of a cause of ac.
Supreme court opinions are browsable by year and us. The supreme court rarely takes false advertising cases so having two in one year is a big deal for the advertising law community. I plan to preview that case in a couple weeks. In 2013 and 2014 the united states supreme court reviewed three false advertising cases.
Reports volume number and are searchable by party name case title citation full text and docket number. The court found that static controls allegations met the test and reinstated its false advertising claim. The supreme court has a second false advertising case pom wonderful v. Coca cola still pending on its docket.
Cornerstone therapeutics inc and pom wonderful llc v. We found 18 examples of false advertising scandals that have rocked big brands some are still ongoing. Lexmark concerning who has standing to sue under the lanham act for false advertising ony inc.
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