poster pom v. coca cola 12 oct. 2015
TRANSCRIPT
12 JUNE 2014
THE SUPREME COURT
OF THE U.S.
FDCA & LANHAM ACT SYNERGY OF PROTECTION
FDCA - Protects public health and safety; - Government is enforcement authority; - BUT government does not know the market.
Lanham Act - Protects competition on case-by-case basis; - Companies can sue competitors for unfair competition even if rival’s product is OK with FDA regulations; - Competitors know how consumers react to rivals’ products.
Labeling lawyers can help clients to minimize risks and to control competitors.
THE SAME PRINCIPLE MAY APPLY TO OTHER PRODUCTS
POM V. COCA-COLA
LABELING RULES ARE ONLY “THE FLOOR” ON HOW PRODUCTS CAN BE MARKETED,
“THE CEILING” MAY BE DEFINED BY COMPETITOR
HIGH PRICE PRODUCT V. CHEAPER PRODUCT IS A MINUTE MAID LABEL DECEPTIVE AND MISLEADING ?
100%
100% pomergranate
0.1%0.2%0.3%
99.4%
99.4% apple&grape0.3% pomergranate0.2% blueberry0.1% raspberry
POM WONDERFUL
MINUTE MAID
Mark Opanasiuk Fulbright Graduate Student LLM Program in Agricultural & Food Law University of Arkansas School of Law
Kyiv, Ukraine Fayetteville, AR
email: [email protected] Photo credits: POM Wonderful and Minute Maid bottles: http://www.trendingtrademarks.com/; The Supreme Court photo: en.wikipedia.org; Fruits photos: http://evoomarketplace.com; http://www.holisticselect.com/; www.monadnockoilandvinegar.com; http://gloucesterstage.com; http://www.freegreatpicture.com; sweetfrog.com; iowagirleats.com; www.colourbox.com.