Law360, New York ( October 27, 2014, 4:08 PM EDT) -- In one of the first decisions to tackle the application of the U.S. Supreme Court's decision in Pom Wonderful LLC v. The Coca-Cola Company to Lanham Act challenges related to drug labeling and marketing, a California district court recently confirmed that while Lanham Act claims are not precluded by the Food, Drug, and Cosmetic Act wholesale, some claims may require the expertise of the U.S. Food and Drug Administration to resolve. Thus, plaintiff Par Sterile Products LLC's allegation that did not require such expertise (i.e., that the defendants misrepresented their products as being FDA-approved) survived a motion to dismiss. Those allegations that did require such expertise, however (i.e., whether defendants' products "comply with all applicable laws, including the FDCA"), were dismissed without prejudice, at least until such time as the FDA has made a determination on whether those products are (or are not) unlawful. JHP Pharmaceuticals LLC v. Hospira Inc., No. 13-07460, (CDCal. Oct. 7, 2014) (Order Granting in Part and Denying in Part Defendants' Motion to Dismiss at pp. 11–20)....