Posted January 24, 2014
The United States Supreme Court has granted cert. in a
food labeling case, Pom Wonderful, LLC v.
Coca-Cola, according to an article by Food Product Design available here. The petition for writ of certiorari is
available here.
The appeal will examine whether the Food, Drug, and
Cosmetic Act (FDCA) bars a false-advertising claim under the Lanham Act.
In 2008, Pom Wonderful filed suit against Coca-Cola,
claiming that Coca-Cola made false claims under the Lanham Act because its
Minute Maid “Pomegranate Blueberry” juice contained 99 percent apple and grape
juices, only 0.3 percent pomegranate juice, and 0.2 percent blueberry juice.
In Pom Wonderful,
LLC v. Coca-Cola Co., 679 F.3d 1170 (2012), the Ninth Circuit Court of
Appeals ruled that the FDCA and its regulations prohibited name and labeling
claims under the Lanham Act, which authorizes lawsuits against defendants who
use false or misleading descriptions about any goods. The court held that Pom Wonderful could not
challenge the name of the juice because the FDA regulations authorized the
name. The court also stated that Pom
Wonderful’s request that Coca-Cola reduce the size of the words “Pomagranate
Blueberry” on labeling would also “undermine the FDA’s regulations and expert
judgments.” The order is available here.
Pom Wonderful said that the Ninth Circuit ruling
“undermines the transparency that health-conscious consumers rightly expect so
that they can make informed decisions about what they eat and drink,” as reported
by Bloomberg here.
Coca-Cola said, “We are confident our labeling fully
complies with applicable FDA regulations, as the lower courts have consistently
found.”
For more information on food labeling, please visit the
National Agricultural Law Center’s website here
