Don't Miss Out

Subscribe to OCA's News & Alerts.

Big Win for Coca-Cola vs POM at Supreme Court Could Upset Applecart

For Related Articles and More Information, Please Visit OCA's Myth of Natural Page.

As POM Wonderful squares up with Coca-Cola at the Supreme Court in a high-profile false advertising case, one leading food law attorney says a broad win for Coca-Cola could have significant repercussions for the trade. 

To recap" POM has filed a suit under the Lanham Act Alleging that Coke is "willfully misleading consumers" by marketing a Minute Maid juice comprised almost entirely of apple & grape juice as 'Pomegranate Blueberry': Coke, meanwhile, says it complies with federal labeling laws and POM should not be able to impose it's own standards (click HERE for details).

FoodNavigator-USA caught up with Peter A. Arhangelsky, a principal in the Arizona office of law firm Emord & Associates, to find out what is at stake.

If the Supreme Court sides with Coke ...

Technically, the Supreme Court - Which will hear oral aruments on this case Monday - has a fairly narrow remit, says Arhangelsky.

Specifically, it must decide whether a juice manufacturer with a product name and label compliant with federal labeling laws can still be slapped with a false advertising suit by a rival under Lanham Act (a law for commercial litigants, not consumers).

Consumers are already allowed to sue companies for false advertising under state consumer protection laws such as California's Unfair Competition Law, so technically, the Supreme Court's decision in POM v Coke shouldn't impact consumer lawsuits, says Arhangelsky.