Ocean Spray Loses Bid To Dismiss Pom Case

Law360, New York (July 17, 2009, 1:14 PM EDT) -- Pom Wonderful LLC's unfair competition case against Ocean Spray Cranberries Inc. has survived a dismissal bid, with a judge ruling that federal labeling laws do not conflict with the Lanham Act and state law claims asserted in the complaint.

Pom Wonderful's complaint is not precluded or barred by the Federal Food, Drug and Cosmetic Act or by federal preemption of California state law, Judge Dean Pregerson of the U.S. District Court for the Central District of California said in an opinion issued Thursday.

Pom Wonderful sued...
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