US Tells High Court To Nix 9th Circ. Coke Labeling Ruling

Law360, New York (March 5, 2014, 3:20 PM EST) -- The U.S. Supreme Court should wipe out the Ninth Circuit's decision upholding the dismissal of Pom Wonderful LLC's allegations that Coca-Cola Co. misleadingly labeled a juice drink, the federal government said Monday, saying the appeals court's preemption findings were too broad.

While the Ninth Circuit correctly found that federal regulations preempt Pom's claim that Coca-Cola misleadingly named the product, it incorrectly found the rest of its Lanham Act allegations to be preempted, the U.S. solicitor general said in an amicus curiae brief. Pom claims its competitor...
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