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Product Labels Litigation Strategies

Perkins Coie

Notable Ruling Roundup - April 2024 #2

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Nancy McCoy v. Nestlé USA, Inc., No. 3:23-cv-02218-MCR-HTC (N.D. Fla. – February 1, 2024): The...more

Perkins Coie

Appellate Courts Issue Reasonable Consumer Defense Wins in Food Litigation Cases

Perkins Coie on

The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss...more

Holland & Knight LLP

Defending Deceptive Labeling Claims Under Rule 12(b)(1)

Holland & Knight LLP on

Most deceptive labeling claims are challenged in the first instance under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief. Another strategy deserves consideration premised upon Federal Rule of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Prosecution Tool Kit: Patenting the Product Label

When the U.S. Food and Drug Administration approves a new drug, it also approves a package insert of the drug, known as a “product label.” A pharmaceutical company marketing a generic product is required to package their...more

Hogan Lovells

The opportunities and challenges associated with product labeling and packaging in Europe: Total brand care

Hogan Lovells on

From bright and glossy, to refined and elegant, product labeling and packaging convey information, messaging, and claims about a brand. At the same time the labeling and packaging must also include mandatory information,...more

Foley & Lardner LLP

Advancing New Claims Under the Lanham Act

Foley & Lardner LLP on

Implementing unique litigation tactics, on June 15, 2016, Foley & Larder LLP filed a complaint under Section 337 of the Tariff Act at the International Trade Commission (“ITC”) on behalf of Par Pharmaceutical and related...more

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