In its much-anticipated decision, the United States Supreme Court last week declared that the Federal Food, Drug and Cosmetic Act and the federal Lanham Act can coexist side-by-side.  In other words, even if you comply perfectly with the FDA’s labeling rules on something, you can still be sued by a competitor for a misleading label under the Lanham Act.

The facts of the case are better explained by John Oliver than by me. 

And the decision itself is remarkable for being unanimous (Justice Breyer recused himself; either he owns Coca-Cola stock or he drinks POM Wonderful every morning) and stating a relatively clear rule (and one that Congress could override if it chose; the Constitution is not present in this case). 

Note finally that the case simply gives POM Wonderful the right to continue to sue to vindicate its claim that the label was misleading.