Statements Made in Commercial Advertisements, Even If Based on Statements in Scientific Publications, May Be Subject to Lanham Act Claims
By Razvan Ungureanu on December 29, 2014
Eastman Chemical Co. v. PlastiPure, Inc. explores the interaction between the First Amendment and Lanham Act false advertisement claims. Specifically, the case addresses the situations in which statements based on peer reviewed articles published in scientific journals may form the bases of such claims. Though the First Amendment may preclude Lanham Act claims alleging that statements in scientific journals are misleading or false, the Lanham Act prohibits false or misleading commercial speech even when that speech makes scientific claims.