9th Circuit Vacates Rejection Of Lanham Act, Unfair Competition Claims
(April 19, 2016, 2:16 PM EDT) -- SAN FRANCISCO — An Arizona federal judge erroneously deemed six counts of false advertising under the Lanham Act preempted by the Food, Drug and Cosmetic Act (FDCA), as amended by the Dietary Supplement Health Education Act (DSHEA), the Ninth Circuit U.S. Court of Appeals ruled April 14 (ThermoLife International LLC v. Gaspari Nutrition Inc., No. 14-15180, 9th Cir.; 2016 U.S. App. LEXIS 6807).
(Decision available. Document #16-160502-003Z.)
According to the panel of Circuit Judges Barry G. Silverman, Raymond C. Fisher and Richard C. Tallman, “because the...