9th Circ. Revives Pom's False Ad Suit Against Coke

Law360, New York (May 17, 2012, 4:05 PM EDT) -- The Ninth Circuit on Thursday gave new life to a Pom Wonderful LLC suit against The Coca-Cola Co., ruling that Pom's state claims alleging Coca-Cola misled consumers about the pomegranate content of a Minute Maid blended juice should proceed.

Although the three-judge panel upheld a dismissal of Pom's accusations that Coca-Cola violated the Lanham Act by misleadingly naming and labeling its Minute Maid-brand Pomegranate Blueberry blended juice, the panel said a district court was wrong to throw out Pom's false advertising and unfair competition claims under...
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