直 Japanese PDF Font
  • 我们的专业人员
  • 服务
  • 我们的见解
  • 办公室
  • 事务所
  • 人才招聘
Finnegan
  • 新闻
  • 飞翰事实
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • 慈善性法律援助
  • 管理层
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

James R. Barney

Supreme Court's POM Ruling Will Impact More Than Food and Drink

June 18, 2014

Managing Intellectual Property

On June 12, the U.S. Supreme Court ruled in favor of POM in POM Wonderful v. Coca-Cola, holding that Lanham Act false advertising claims are not preempted by the Federal Food, Drug and Cosmetic Act (FDCA) or related FDA regulations.

While there is speculation that the ruling will lead to increased litigation in the food and beverage industry, Finnegan partner Brett Heavner conveyed his skepticism to MIP, stating that the POM case was unique because Coke came up with an unusual defense of saying the Lanham Act was precluded. “I cannot imagine a food and beverage company that was concerned about a competitor that would say, 'I don't think I can file a Lanham Act suit because of the FDA regulations.' I just don't think they thought that way. I am not certain that that is something that has been argued very often in the past. I don't think it opens the floodgates.”

IP practitioners say this decision goes beyond the food and beverage industry, and could involve other categories of FDA-regulated products, such as dietary supplements, cosmetics, and tobacco products.

Related Professionals

B. Brett Heavner
合伙人
Washington, DC
+1 202 408 4073
Email

Related News

Commentary

Levi’s Has Filed 2 New Lawsuits This Year to Protect Its Red Tab Trademark

July 9, 2026

Commentary

‘Oyez, Oyez.’ Supreme Court’s Last Official Crier Dies at 102

July 8, 2026

Award/Ranking

Best Lawyers in Germany Recognizes Dr. Dr. Jochen Herr in Recent Rankings

July 16, 2026

Commentary

Patent Strategy Could Shape Financing, Valuation and Risk in Offshore Energy Projects

June 30, 2026

Award/Ranking

Finnegan’s European Practices and Attorneys Highlighted in 2026 Managing IP Rankings

June 25, 2026

Commentary

Zync Fights Block of ITC Trade Secret Case Against BMW

June 24, 2026

Press Release

BMW Obtains Preliminary Injunction Against Zync; Federal Court Orders Zync to Halt ITC Trade Secret

June 23, 2026

Commentary

BMW Secures Injunction Forcing Zync to Seek Stay of ITC Trade Secret Case

June 23, 2026

Award/Ranking

Finnegan Recognized in 2026 BTI Client Service A-Team Rankings

June 22, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • 隐私
  • 免责申明
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP