Pom Fights 9th Circ. Ruling In Coca-Cola Juice Label War

Law360, New York (February 28, 2014, 4:39 PM EST) -- Pom Wonderful LLC has told the U.S. Supreme Court that the Ninth Circuit took an overly broad view of claims precluded by the U.S. Food and Drug Administration’s oversight of food labeling when it ruled against Pom’s suit accusing the Coca-Cola Co. of misleading consumers about its competing juice drink. 

The Ninth Circuit’s ruling held that regardless of how misleading Coca-Cola’s marketing might be, Pom’s claims under the Lanham Act are precluded by the Food, Drug and Cosmetics Act, according to Pom’s brief filed Feb. 24....
To view the full article, register now.