Pom Tells 9th Circ. Minute Maid Juice Label Is Misleading

Law360, Los Angeles (February 8, 2012, 8:23 PM EST) -- Pom Wonderful LLC told the Ninth Circuit Wednesday that compliance with U.S. Food and Drug Administration labeling regulations shouldn't give Coca-Cola Co. protection from claims it violated the Lanham Act by misleading consumers about the pomegranate content of a Minute Maid blended juice.

"There are any number of ways you could retain [the name] ‘Pomegranate Blueberry Flavored Blend of Five Juices’ and reduce the overwhelming confusion to consumers, which competitively harms Pom in this case," Pom attorney Seth Waxman argued Wednesday, saying consumers couldn't tell from...
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