Pom's Labeling Claims Against Coke Preempted, Judge Rules

Law360, Los Angeles (February 13, 2013, 3:05 PM EST) -- A California federal judge on Wednesday cleared The Coca-Cola Co. of remaining claims in a deceptive marketing and unfair competition suit in which Pom Wonderful LLC alleged that Coca-Cola misleadingly named its pomegranate-blueberry juice blend, saying Pom’s claims were preempted by the Food, Drug and Cosmetic Act.

Wednesday’s ruling marks an end to a 2008 suit in which Pom accused Coca-Cola of falsely naming and labeling its “Minute Maid Enhanced Pomegranate Blueberry Flavored 100% Juice Blend” to suggest that the drink contained mostly pomegranate and blueberry,...
To view the full article, register now.