Church & Dwight Co. v. SPD Swiss Precision Diagnostics

MEMORANDUM AND ORDER

ALISON J. NATHAN, District Judge:

The present motion in limine asks the Court to decide whether the Food, Drug, and Cosmetic Act (“FDCA”), 21 U.S.C. § 360c, bars certain false advertising claims brought under the Lanham Act, 15 U.S.C. § 1125(a). More accurately, the question is whether the FDCA bars Lan-ham Act false advertising claims relating to medical devices if the Food and Drug Administration (“FDA”) pre-approved the medical device’s labeling. The Court answered this question in the negative at the motion to dismiss stage, but it indicated that a different result…