Litigation » Supreme Court Clarifies False Advertising Law

Supreme Court Clarifies False Advertising Law

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March 26, 2014

In a ruling released this week, the Supreme Court rejected all existing tests for determining who may sue for false advertising claims under the Lanham Act, creating a nation-wide common legal standard for such suits. The Court crafted a new standing rule that requires the plaintiff to be within the statute’s “zone of interest” and the plaintiff’s injuries to be “proximately caused” by the false representation. The rule will broaden potential plaintiffs in some jurisdictions, but reduce them in others, as appellate courts across the country had widely varying interpretations of standing under the Act.

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