High Court Decision In Pom V. Coke Could End Food Wars

Law360, New York (January 28, 2014, 5:55 PM EST) -- The U.S. Supreme Court has decided to wade into a battle between Pom Wonderful and The Coca-Cola Co. over whether the labels on Coke's Minute Maid pomegranate-blueberry juice blend violate the Lanham Act's prohibition against false advertising.

Despite Solicitor General Donald Verrilli's recommendation that the court deny Pom's petition, the Supreme Court granted certiorari in the case, agreeing to resolve the question of "whether the court of appeals erred in holding that a private party cannot bring a Lanham Act claim challenging a product label regulated under the Food, Drug and Cosmetic Act." Although the issue to be addressed by the...

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