U.S. Supreme Court

SCOTUS to decide if Pom Wonderful may challenge competitor's label under federal law

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.

SCOTUSblog links to the cert petition (PDF) in POM Wonderful v. Coca-Cola. Coca-Cola maintains its label complied with FDA regulations.

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.

We welcome your comments, but please adhere to our comment policy and the ABA Code of Conduct.

Commenting is not available in this channel entry.