Bell Nunnally attorney Benjamin L Riemer is quoted in the Law360 article “Attys React To High Court's Pom v. Coke Lanham Act Ruling.” The piece contains attorney reactions to the U.S. Supreme Court decision in POM Wonderful LLC v. The Coca Cola Company, where the court found that Lanham Act false advertising allegations are not precluded by U.S. Food and Drug Administration regulations.
This is a victory for businesses whose competitors are falsely advertising. In addition, it is also a major victory for the consuming public that relies on representations by companies to be true. As Justice Kennedy noted in the court's opinion, businesses that have an economic interest in regulating false advertising are also doing the public a service by pursuing enforcement of the Lanham Act.
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