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Jun 13, 2014

Jeff Kobulnick Quoted in Law360’s “Attys React To High Court’s Pom v. Coke Lanham Act Ruling”

Jeff Kobulnick was quoted in the June 12, 2014 Law360 article titled “Attys React To High Court’s Pom v. Coke Lanham Act Ruling.” Here are some excerpts from the article:

“The U.S. Supreme Court ruled Thursday that federal regulations do not preclude companies from bringing false advertising claims under the Lanham Act, allowing Pom Wonderful LLC to pursue allegations against The Coca-Cola Co. Here, attorneys share their thoughts on the significance of the decision.”

Jeffrey Kobulnick, Partner at Brutzkus Gubner LLP

“The court’s ruling today is sound. The Lanham Act has long provided a cause of action for false advertising, without limitation or exclusion regarding claims in a particular industry. While the FDCA regulates food and drink, the court correctly recognized that Congress did not include any preemption of Lanham Act claims by the FDCA in either federal statute. It would be inconsistent and unreasonable to ignore the last 70 years of jurisprudence where the two statutes have co-existed, and to deny non-governmental parties — namely, competitors — a private cause of action for false advertising under Section 43(a) of the Lanham Act.”

Source: Law360

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