SCOTUS to decide if Pom Wonderful may challenge competitor's label under federal law
Posted Jan 13, 2014 03:20 pm CST
The U.S. Supreme Court has agreed to consider Pom Wonderful’s right to challenge the labeling of a Coca-Cola juice product under federal trademark law.
Pom claimed Coca-Cola’s pomegranate blueberry juice consisted mainly of apple and grape juice, report Reuters and the Wall Street Journal (sub. req.). At issue is whether Pom was barred from suing for alleged false advertising under the Lanham Act because the labeling is regulated by the Food and Drug Administration.
The Wall Street Journal points out that Pom Wonderful “is no stranger to fights about juice claims.” The Federal Trade Commission has alleged Pom has made misleading health claims about its juice.