2nd Circuit Affirms: Pregnancy Test Claims Were False Advertising

(September 12, 2016, 11:45 AM EDT) -- NEW YORK — Findings by a New York federal judge that the marketer of a home pregnancy test committed false advertising under the Lanham Act by implying that the product measures weeks of pregnancy in a manner consistent with that used by doctors were affirmed Sept. 9 by the Second Circuit U.S. Court of Appeals (Church & Dwight Co. Inc. v. SPD Swiss Precision Diagnostics GMBH, No. 15-2411, 2nd Cir.; 2016 U.S. App. LEXIS 16625).

(Decision available. Document #16-160919-007Z.)

The panel found not only that the...
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