Client Alert
Supreme Court Approves Private Lanham Act Challenges to FDA-Regulated Food and Beverage Labels
Client Alert
Supreme Court Approves Private Lanham Act Challenges to FDA-Regulated Food and Beverage Labels
June 19, 2014
The Supreme Court weighed in last week on the relationship between the Lanham Act and the Food, Drug & Cosmetic Act, federal laws that govern distinct aspects of food and beverage product labeling. Under the Court’s decision, private parties are now free to invoke the Lanham Act to challenge allegedly deceptive beverage labels—even when those labels otherwise comply with the FDCA.