A Busy Two Weeks for Court as Adjournment Draws Nigh

As the U.S. Supreme Court wraps up the October 2013 term, The National Law Journal took a close look at the top arguments ahead in April 2014. Finnegan partner Douglas A. Rettew provided commentary on POM Wonderful v. Coca-Cola, which considers the intersection of FDA product labeling regulations and false advertising under the Lanham Act. “I think this really is a very important case,” said Rettew. “If Coca-Cola can be insulated from all false advertising claims just by virtue of the fact they comply with FDA regulations, that will really have a profound impact for competitors and for consumers who would be deceived by something technically complying with FDA regulations.” Rettew also noted the case has “enormous implications” outside FDA regulations, as other agencies such as the FCC and FDIC regulate advertising.