|
|
Article: Two Federal District Courts Address FDA/Lanham Act False Advertising Overlap - Only One Court Exercises Jurisdiction.(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- December 18, 2007
CopyrightCOPYRIGHT 2007 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
Two federal courts recently addressed jurisdictional issues in the context of Food and Drug Administration ("FDA")-related advertising claims. The first court held that the advertising claims were not within the FDA's exclusive jurisdiction; the second court held that the FDA did have exclusive jurisdiction over the claims at issue and thus plaintiff lacked standing. Although the two decisions are not necessarily contradictory, these decisions illustrate the importance of taking into account jurisdictional issues when addressing advertising claims related to pharmaceuticals and medical devices.
In the first decision, a District of Minnesota court held that ...