The ever-expanding Lanham Act

Note the post Justices: Coke's pomegranate juice not the real thing concerning the POM/Coke case that found that Coke could not shield its advertising by invoking the FDA against the Lanham Act.

Bottom line: Competitors may bring Lanham Act claims like POM’s challenging food and beverage labels regulated by the FDCA.

http://www.supremecourt.gov/opinions/13pdf/12-761_6k47.pdf

Note also the Lexmark case. Lexmark Int’l v. Static Control Components expands the standing of those who may pursue federal false advertising claims, so that the foreseeable outcome of both cases will be the filing of many more food and beverage labeling lawsuits.