After the oral argument in POM Wonderful LLC v. Coca-Cola Co. (pdf), No. 12-761, the Supreme Court appeared all but certain to allow competitors to sue for false advertising under the Lanham Act over labels of FDA-regulated food products.
We recently blogged about one of the recent "class standing" decisions holding that a named plaintiff has standing to represent a class on false advertising claims challenging products the named plaintiff never purchased with labels the named plaintiff never saw.
The federal Food Drug and Cosmetic Act ("FDCA")—along with the implementing regulations promulgated by the FDA—sets out a detailed national standard for much of what appears on food and beverage labeling.
A federal district court in California has dismissed some but not all of the claims in a class action against a food manufacturer alleging that the labeling on guacamole and bean dip is deceptive in violation of California consumer protection laws.