When Scientific Research Becomes False Advertising
Law360, New York ( January 27, 2015, 10:21 AM EST) -- Positive results of scientific research on a company's products can provide a tempting topic for advertising and promotion. If an article published in a well-established, peer-reviewed journal says that your company's products are safe, effective, healthy or environmentally-friendly, why not communicate those findings to your customers in sales materials, or at a professional conference? Publicizing the results of scientific research in advertising or promotional material may enhance a company's reputation or increase product sales, but it is important to do so carefully, as competitors may take issue with the validity of the scientific research itself, or the way in which the results are characterized. A recent federal appellate decision in Eastman Chem. Co. v. PlastiPure Inc., 7271384 (5th Cir. Dec. 22, 2014), demonstrates that the use of scientific research in advertising material can lead to liability for false advertising under the Lanham Act....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.