USA: POM given approval to sue Coca-Cola over marketing claims

The US Supreme Court has recently ruled that POM Wonderful LLC may take Coca-Cola to court over claims that the latter’s marketing of Minute Maid pomegranate blueberry juice is misleading to consumers.

Food Business News reports that the juice contains 0.3% pomegranate juice and 0.2% blueberry juice while less expensive apple and grape juice combine to make more than 99% of the drink.

The report goes on to describe that POM Wonderful, Los Angeles, sued Coca-Cola, Atlanta, under the Lanham Act. Coca-Cola then argued the Federal Food, Drug and Cosmetic Act should apply and not the Lanham Act. A Court of Appeals for the Ninth Circuit in San Francisco eventually ruled in favor of Coca-Cola and denied a POM Wonderful petition to rehear the case, but this was then overturned by the US Supreme Court.

Source: Food Business News