False Advertising Under the Lanham Act

The Lanham Act is a federal statute that is largely known for providing protection for commercial trademarks and trade dress. However, among other things, the Lanham Act also provides a private cause of action for false advertising and misleading marketing claims. Liability is afforded where, “in commercial advertising or promotion,” a defendant “misrepresents the nature, characteristics, qualities, or geographic origin or his or her or another person’s goods or services or commercial activities[.]” 15 U.S.C. § 1125(a)(1)(B).

Lanham Act claims can generally be brought only by competitors (not end customers), who can receive compensation for lost profits, loss of goodwill, the cost to correct false information, and, where willfulness is shown, treble damages.

Our attorneys have brought and defended Lanham Act claims with success. Our experience in regulated industries affords us the scientific and regulatory expertise required to litigate these cases effectively – and efficiently.

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