Food and beverage companies would be wise to take a long, hard look at their product labels in light of a U.S. Supreme Court decision clearing the way for competitors to allege those labels are false or misleading.
“As a marketing lawyer, it’s a really significant decision for the industry,” said Linda Goldstein, chairwoman of the advertising, marketing & media division at Manatt, Phelps & Phillips. “All marketers now will have to take a much closer look at the claims they make and perhaps didn’t look at through the same lens [as the Supreme Court]. It will certainly cause a greater degree of due diligence of their packaging and labeling claims.”
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