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PBM PRODUCTS, LLC v. MEAD JOHNSON & CO.

No. 10-1421.

639 F.3d 111 (2011)

PBM PRODUCTS, LLC; PBM Nutritionals, LLC, Plaintiffs-Appellees, v. MEAD JOHNSON & COMPANY, Defendant-Appellant, and Paul Manning; Mead Johnson Nutrition Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2011.

Attorney(s) appearing for the Case

ARGUED: Stephen Blake Kinnaird , Paul Hastings Janofsky & Walker, LLP, Washington, D.C., for Appellant. Harold Paul Weinberger , Kramer, Levin, Naftalis & Frankel, LLP, New York, New York, for Appellees. ON BRIEF: Behnam Dayanim , Candice S. McPhillips , Paul Hastings Janofsky & Walker, LLP, Washington, D.C., for Appellant. Jonathan M. Wagner , Tobias B. Jacoby , Kramer, Levin, Naftalis & Frankel, LLP, New York, New York; Robert Redmond, Jr. , Williams Mullen , Richmond, Virginia, for Appellees.

Affirmed by published opinion. Judge DAVIS wrote the opinion, in which Judge NIEMEYER and Judge KEENAN joined.

OPINION

DAVIS, Circuit Judge:

Appellee PBM Products, LLC (PBM) filed this action pursuant to the Lanham Act, 15 U.S.C. § 1125(a), against Appellant Mead Johnson & Company, LLC (Mead Johnson) alleging that Mead Johnson distributed more than 1.5 million direct-to-consumer mailers that falsely claimed PBM's baby formula products were inferior to Mead Johnson's baby formula products. After a jury found that Mead Johnson had engaged in false advertising...

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