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POM Wonderful ruling extended to veterans’ services in Texas false advertising row

By Melissa Ritti ( December 12, 2024, 15:29 GMT | Insight) -- Competitors in the market for providing veterans with disability benefits assistance can maintain lawsuits under the Lanham Act despite the lack of a private cause of action for enforcing regulations by the Department of Veterans Affairs. In so ruling this week, a US judge in Texas said the Supreme Court’s 2014 holding in POM Wonderful v. Coca-Cola controls and that dismissal of false advertising claims by Warriors Family and Assistance Center is not warranted.A Department of Veterans Affairs-accredited agency can proceed with allegations of false advertising against VA Claims Insider, LLC, Brian T. Reese, and Laurel Reese thanks to findings by a US judge that the lack of a private cause of action to enforce Department of Veterans Affairs, or VA, regulations “does not prevent competitors in the veterans’ assistance market from bringing Lanham Act claims.”...

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