The Aftermath of the POM v. Coca-Cola, Co. Decision: FDCA No Longer Protects Companies from False Advertising Lawsuits

In a recent decision, POM Wonderful LLC v. Coca-Cola Co.,  the US Supreme Court ruled that private parties could bring Lanham Act claims against packaging labels that otherwise satisfied the Food, Drug, and Cosmetic Act. 

This decision reversed a Ninth Circuit "battle of the beverages" decision, and paved the way for an increase in lawsuits amongst companies against their competitors whose products satisfied the FDCA, but could be seen as "misleading" to consumers. 

This decision means that companies may need to monitor court decisions following the POM case, conduct closer audits of their existing product labels to ensure that they are in compliance with the Lanham Act, and pay much closer attention to all advertisements prior to publication for compliance with the FDCA and Lanham Act. 

What are your thoughts? 

Celebrating the Civil Rights Act of 1964

On this day, July 2, in the year 1964 (50 years ago) President Lyndon B. Johnson signed the Civil Rights Act of 1964 into law.

The reform against discrimination was started by President John F. Kennedy. President Kennedy, the first U.S. President to propose such legislation during the Civil Rights era, rightfully and strongly felt that

"giving all Americans the right to be served in facilities which are open to the public—hotels, restaurants, theaters, retail stores, and similar establishments" and "greater protection for the right to vote"

was extremely necessary. Unfortunately, President Kennedy did not get to see the law come to pass, but President Johnson picked up where he left off and signed the proposed legislation into creation.
   

Today marks 50 years of a legacy worth celebrating. Let us all as Americans go forth today, and the rest of this Fourth of July weekend, commemorating, celebrating and  remembering all the hardships and sacrifices that it took to bring forth this bit of our history.

Quote of the Day

Most men lead lives of quiet desperation

and go to the grave with the song still in

                                them.                     

- Henry David Thoreau

The Country Confidential Understanding of This Quote: Live your life and showcase your talents and your opinions.

Q. Why a quote of the day?

A. I often look up quotes for a source of encouragement throughout my days. I think that it is important that I share inspiring quotes with my readers; therefore, as often as possible I will post a Quote of the Day for you all. I really hope they help and you enjoy !

The Hobby Lobby Supreme Court Decision: No Hobbying in this Lobby

On Monday, June 30, 2014, the United States Supreme Court ruled in a 5-4 decision that some employers cannot be required by the government to provide insurance coverage for birth control if doing so goes against the employer's religious beliefs. Many critics of this decision believe that it is both a blow to the Affordable Care Act and Women's Rights. Clearly the three women sitting on the Supreme Court, Justice Ginsburg , Justice Sotomayor and Justice Kagan, are in unison with those critics, as they both dissented.

So what does this mean for women? Well I have listed some changes this decision will create:

1. Women working at certain types of for-profit companies may no longer have insurance that covers the cost of any contraception that the for - profit employer says violates their religious beliefs.

2. The Justice Ginsburg written dissent argues that this limits women's rights.

3. This ruling may decrease the use of IUDs at some privately held corps. whom look to it as a form of emergency contraception.

4. The three female Supreme Court Justices are not the only women that feel like this is a hit to women's rights autonomy, many women's rights groups are upset by this ruling.

5. This ruling may lead the way for some corporation to attempt to refuse coverage for other, non - contraceptive medications and procedures that they feel "violate" their religious belief.

Wow! As an American woman I am not sure just how this decision makes me feel, but I do not think that I like it a lot. Of course I will have to read the official opinion before really judging.
Click HERE to READ The OPINION


What are your thoughts.