Search for: "POM Wonderful, LLC" Results 1 - 20 of 196
Sort by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
statements about legality are only factual if the law is really, really clear
18 Aug 2022, 10:29 am by Rebecca Tushnet
And Pom Wonderful found no preclusion “even where an FDA regulation governed some aspects of the challenged label. [read post]
43(B)log - http://tushnet.blogspot.com/
SmileDirect may indirectly deceive: "implicit misrepresentation of FDA approval" theory is not precluded
23 Mar 2022, 8:23 am by Rebecca Tushnet
POM Wonderful LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
Kentucky bourbon distilled in Indiana?
18 Mar 2022, 1:20 pm by Rebecca Tushnet
POM Wonderful LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
Rx label and database linkages plausibly deceive consumers; mostly not precluded by FDCA
7 Feb 2022, 10:32 am by Rebecca Tushnet
Hospira, Inc., the Eleventh Circuit extended the POM Wonderful rule to Lanham Act claims concerning drug labels. 1 F.4th 1374, 1380–81 (11th Cir. 2021). [read post]
43(B)log - http://tushnet.blogspot.com/
Pom Wonderful applies to pharmaceuticals, but "implied FDA approval" claim still fails
30 Aug 2021, 10:13 am by Rebecca Tushnet
., LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
FDA preemption/preclusion after Pom Wonderful: still powerful for drugs
21 Sep 2020, 12:38 pm by Rebecca Tushnet
Exela Pharma Sciences, LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
context matters: "mineral-based" sunscreen with chemical-based active ingredients is plausibly deceptive
7 Aug 2020, 10:56 am by Rebecca Tushnet
” (Citing POM Wonderful LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
FDA/FTC Workshop on a Competitive Marketplace for Biosimilars
9 Mar 2020, 1:21 pm by Unknown
   · Molly Burich, Director of Public Policy, Boehringer Ingelheim   · Surya Singh, President, Singh Healthcare Advisors, LLC  Moderated Panel Discussion  Meredyth Andrus, Attorney, Health Care Division, Bureau of Competition, FTC Does the designation of interchangeability still have value in the US? [read post]
43(B)log - http://tushnet.blogspot.com/
Drawing the Line Between “News” and Commercial Speech
4 Jun 2019, 10:20 am by Rebecca Tushnet
Pom Wonderful: also looked at multiple factors about what constituted commercial speech. [read post]
43(B)log - http://tushnet.blogspot.com/
Unfair Competition at the USITC
2 May 2019, 8:36 am by Dennis Crouch
  POM Wonderful LLC v. [read post]
Patently-O - http://patentlyo.com/patent
The CAFC contemplates the intersection of the ITC and the FDA/FDCA
1 May 2019, 1:44 pm by Lawrence B. Ebert
.; seealso POM Wonderful LLC v. [read post]
IPBiz - http://ipbiz.blogspot.com/
Misleading advertising that's already leaving the market can't support finding irreparable harm
25 Feb 2019, 8:35 am by Rebecca Tushnet
Danone, US, LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
What is a Lanham Act False Advertising Claim and Why Does it Matter for Competition?
19 Oct 2018, 9:36 pm by Bona Law PC
The Supreme Court explained this enforcement rationale in its POM Wonderful LLC v. [read post]
The Antitrust Attorney Blog - http://www.theantitrustattorney.com/
Lexmark allows claims against direct competitor, but not against competitor's customers, absent special circumstances
29 May 2018, 12:07 pm by Rebecca Tushnet
Niagara Bottling, LLC, 2018 WL 2363475, No. 18-54 (E.D. [read post]
43(B)log - http://tushnet.blogspot.com/
Failure to plead with particularity dooms supplement false advertising claim
15 Jun 2017, 8:48 am by Rebecca Tushnet
Nutrition Distribution, LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
FYI on ECJ
5 Jun 2017, 1:01 pm by Ad Law Defense
§ 337(a) (“[A]ll such proceedings for the enforcement, or to restrain violations, of [the FDCA] shall be by and in the name of the United States”); see POM Wonderful LLC v. [read post]
Ad Defense Law - http://adlawdefense.com/
FYI on ECJ
5 Jun 2017, 1:01 pm by Ad Law Defense
§ 337(a) (“[A]ll such proceedings for the enforcement, or to restrain violations, of [the FDCA] shall be by and in the name of the United States”); see POM Wonderful LLC v. [read post]
Ad Defense Law - http://adlawdefense.com/
Package as “Advertising”
7 Dec 2016, 12:44 pm by Susan Ross (US) and Robert Rouder (US)
See Pom Wonderful LLC v. [read post]
Health Law Pulse - http://www.thehealthlawpulse.com/
Package as “Advertising”
6 Dec 2016, 3:39 pm by Susan Ross (US)
See Pom Wonderful LLC v. [read post]
The Brand Protection Blog - http://www.thebrandprotectionblog.com/
Package as “Advertising”
6 Dec 2016, 3:39 pm by Susan Ross (US)
See Pom Wonderful LLC v. [read post]
The Brand Protection Blog - http://www.thebrandprotectionblog.com