The Lanham Act: Another Vehicle to Enforce the Food, Drug, and Cosmetic Act?

April 1, 2010By: John R. Fleder Download PDF

Increasingly, plaintiffs have brought Lanham Act claims which arguably asserted private enforcement of the FDCA. In those cases, defendants commonly argue that a plaintiff cannot use the Lanham Act to enforce the FDCA. In the absence of any bright-line rule from the Supreme Court or statutory clarification from Congress, the issue of whether a plaintiff is privately enforcing the FDCA in a Lanham Act case is likely to be decided on a case-by-case basis.

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