The Lanham Act Gets a Shot: How GLP-1s Are Testing the Boundaries of Trade Mark Law by Michele S. Katz and Noa Siskind

The Lanham Act Gets a Shot: How GLP-1s Are Testing the Boundaries of Trade Mark Law by Michele S. Katz, Founding Partner, and Noa Siskind, Associate, of Advítam IP, LLC, USA.

In The Women’s IP World Annual 2026, Michele S. Katz, Founding Partner, and Noa Siskind, Associate, at Advítam IP, LLC, USA, explore how the explosive growth of GLP-1 medications such as Ozempic®, Wegovy®, and Mounjaro® is testing the boundaries of trademark and false advertising law in the United States. Their article examines how pharmaceutical branding, telehealth marketing, and consumer perception are colliding under the framework of the Lanham Act.

When Medicine Becomes a Cultural Phenomenon

Few pharmaceutical products have captured public attention quite like GLP-1 weight-loss drugs. Once confined to medical discussions, names such as Ozempic® and Wegovy® have become part of everyday conversation, transforming into powerful commercial brands recognised far beyond healthcare settings. As consumer demand surged, so too did a growing ecosystem of telehealth providers, wellness platforms, medical spas, and compounding pharmacies seeking to capitalise on their popularity.

The Commercial Value of a Brand Name

In a crowded digital marketplace, referencing a well-known drug can instantly create trust and attract consumers. Many businesses market semaglutide-based products by drawing comparisons to Ozempic® or Wegovy®, leveraging the goodwill and recognition built by pharmaceutical companies through years of investment in research, development, and regulatory approvals. The challenge arises when those comparisons blur the distinction between FDA-approved medications and compounded alternatives.

The Lanham Act Takes Centre Stage

The authors explain that many of today's disputes revolve around Section 43(a) of the Lanham Act, which prohibits false or misleading representations in commercial advertising. Unlike traditional trademark infringement cases, these disputes focus less on source confusion and more on whether marketing claims create a misleading impression about a product’s characteristics, approval status, or equivalence to established brands.

The Challenge of Implied Claims

One of the most complex legal issues involves implied equivalence. While a seller may accurately state that a product contains semaglutide, consumers may nonetheless infer that the product is effectively the same as Ozempic® or Wegovy®. Courts increasingly examine the overall impression created by advertising, assessing whether consumers are likely to be misled by imagery, comparisons, search advertising, or omissions rather than explicit false statements.

A Digital Marketplace Difficult to Police

The GLP-1 marketplace operates across social media platforms, telehealth portals, influencer campaigns, affiliate marketing networks, and targeted advertising funnels. Content changes rapidly, making enforcement challenging for regulators. As a result, pharmaceutical companies increasingly rely on the Lanham Act as a private enforcement mechanism, pursuing legal action against competitors whose marketing practices may damage brand value or mislead consumers.

Beyond Pharmaceuticals: A Broader Legal Trend

The authors argue that these disputes represent more than a battle over weight-loss medications. They highlight a broader transformation in how healthcare products are marketed in the digital era. As consumers increasingly access treatments through online platforms and subscription models, courts are being asked to define the limits of brand references, comparative advertising, and consumer-facing pharmaceutical marketing.

Conclusion

Michele S. Katz and Noa Siskind demonstrate that the GLP-1 boom is creating a new legal frontier where pharmaceutical branding, digital marketing, and consumer protection intersect. Their analysis highlights the enduring importance of truthfulness in commercial speech and the continued relevance of the Lanham Act in a marketplace shaped by telehealth, social media, and powerful consumer brands.

Read the full feature in the Women’s IP World Annual 2026 essential reading for brand owners, legal professionals, healthcare marketers, and IP strategists seeking to understand how pharmaceutical branding and digital advertising are reshaping the future of trademark law.

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