With over 40 years of professional experience, attorney Lee J. Rohn helps residents of Christiansted, in the U.S. Virgin Islands in cases involving personal injury, product liability, wrongful discharge, discrimination and other areas of civil law. As a proponent of individual rights, Lee J. Rohn also serves as a board member of the Public Justice Foundation, a public interest law firm dedicated to protecting American citizens and the environment. Recently, the Foundation’s website included a report on a ruling in the U.S. Supreme Court concerning the Federal Food, Drug, and Cosmetic Act (FDCA) and the Lanham Act.
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U.S. Supreme Court Ruling Protects Consumer Rights Under Lanham Act
1.
2. With over 40 years of professional experience,
attorney Lee J. Rohn helps residents of
Christiansted, in the U.S. Virgin Islands in cases
involving personal injury, product liability, wrongful
discharge, discrimination and other areas of civil
law. As a proponent of individual rights, Lee J. Rohn
also serves as a board member of the Public
Justice Foundation, a public interest law firm
dedicated to protecting American citizens and the
environment. Recently, the Foundation’s website
included a report on a ruling in the U.S. Supreme
Court concerning the Federal Food, Drug, and
Cosmetic Act (FDCA) and the Lanham Act.
3. The Lanham Act is a 1946 statute on trademark
infringement and false advertising. The
Supreme Court’s 2014 decision involved major
corporations POM Wonderful, LLC, and the
Coca-Cola Co., both of which offered beverage
products marketed as “pomegranate blueberry”
juice. POM charged Coca-Cola with misleading
advertising on the grounds that the Coke
version of the beverage contained only trace
amounts (less than 1 percent) of the marketed
ingredients.
4. The Supreme Court ruled against Coke’s
appeal, which stated that the FDCA
precluded the Lanham Act because the Food
and Drug Administration’s regulations did not
prohibit Coke’s labeling of the product. The
ruling was called a rare win for consumers
by a normally business-friendly Supreme
Court.