Pom Lacks Juice To Reverse Welch Marketing Ruling

Law360, New York (February 13, 2012, 1:15 PM EST) -- The Ninth Circuit ruled Friday that Pom Wonderful LLC was not unfairly denied the opportunity to present evidence of lost sales in its suit over Welch Foods Inc.'s allegedly deceptive marketing of a white grape and pomegranate juice.

A California federal jury found in September 2010 that Welch intended to deceive consumers by marketing the product as “100 percent white grape pomegranate juice” even though it contained only about 1 ounce of pomegranate juice per 64-ounce bottle. However, the jury held that Pom was not injured...
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