Thursday, June 12, 2014

Pom can sue Coca Cola for false advertising

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Warning:contains no pomegranate, no blueberries.
We just call it that!
A rare plaintiff's win in the Supreme Court in POM Wonderful v. Coca Cola.
from the Syllabus:
Petitioner POM Wonderful LLC, which produces, markets, and sells, inter alia, a pomegranate-blueberry juice blend, filed a Lanham Act suit against respondent Coca-Cola Company, alleging that the name, label, marketing, and advertising of one of Coca-Cola’s juice blends mislead consumers into believing the product consists predominantly of pomegranate and blueberry juice when it in fact consists
predominantly of less expensive apple and grape juices, and that the ensuing confusion causes POM to lose sales. The District Court granted partial summary judgment to Coca-Cola, ruling that the FDCA and its regulations preclude Lanham Act challenges to the name and label of Coca-Cola’s juice blend. The Ninth Circuit affirmed in relevant part.
Held: Competitors may bring Lanham Act claims like POM’s challenging
food and beverage labels regulated by the FDCA.

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