1. Ensure that their labeling accurately reflects the product’s ingredients; and 2. Avoid using labeling or advertising as a means to prop up the quality or quantity of a certain ingredient in a product in a manner that is false or misleading. These companies should take proactive steps and install comprehensive labeling controls to ensure their labeling fully complies with the law as clarified by the Supreme Court. New labeling controls act as the necessary safeguard against Lanham Act claims by private parties.

Failure to implement new labeling controls may expose the company to liability under both acts. Gray Plant Mooty is a full-service law firm with specialized practices in food and agribusiness and intellectual property. Contact Phillip Kunkel or Sheldon Klein if you have any questions about this alert. Minneapolis, MN | St. Cloud, MN | Washington, DC | Fargo, ND © 2016 Gray Plant Mooty | gpmlaw.com .