Senate confirms key administration posts at the Federal Trade Commission and Antitrust Division of the Department of Justice *

USA - January 3 2013
The Senate recently confirmed Dr. Joshua D. Wright to a seven-year term as Commissioner of the Federal Trade Commission and William J. Baer as Assistant…

Co-authors: Richard E. Donovan, William C. MacLeod, W. Joseph Price.

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Breaking the sham barrier in Yeager v. Bowlin *

USA - November 26 2012
Two recent Ninth Circuit Court of Appeals decisions in Yeager v. Bowlin, Nos. 10-15297 and 10-16503 (9th Cir. Sept. 10, 2012), a Lanham Act and right-of-publicity dispute between legendary test pilot Gen. Charles Yeager and purveyors of aviation memorabilia incorporating Yeager’s name and/or likeness, highlight several important issues relevant to false-advertising and related litigation.

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All sides appeal initial decision in FTC's POM Wonderful action *

USA - June 11 2012
We reported on May 23 on Chief Administrative Law Judge Chappell's initial decision in the FTC's action against POM Wonderful.

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Administrative judge in FTC versus POM Wonderful lowers the bar, but POM still can't clear it *

USA - May 23 2012
On May 17, Chief Administrative Law Judge Michael Chappell issued his Initial Decision in the FTC's case against POM Wonderful, accusing POM of making unsubstantiated claims that its pomegranate juice and pomegranate extract supplement pills can prevent, treat, cure or mitigate heart disease, prostate cancer, erectile dysfunction, and other medical conditions.

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Ninth Circuit pulps POM Wonderful's Lanham Act claims against Coca-Cola, affirming FDA preclusion of challenge to regulated food labeling *

USA - May 18 2012
A panel of the Ninth Circuit Court of Appeals ruled May 17 on an appeal from summary judgment in a case filed by pomegranate juice maker POM Wonderful against the Coca-Cola Company's Minute Maid division.

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