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Pom Wonderful’s False Advertising Suit Against Coca-Cola May Proceed, Supreme Court Rules

June 12, 2014: 12:00 AM EST
A juice marketed by Coca-Cola as “Pomegranate Blueberry” actually contains very little juice from either of those fruits, according to the U.S. Supreme Court, which allowed a false advertising suit filed by juice maker Pom Wonderful to proceed. Coca-Cola’s advertising practices regarding the juice “allegedly mislead and trick consumers, all to the injury of competitors”. Coca-Cola’s juice blend is 99.4 percent apple and grape juices, 0.3 percent pomegranate juice and 0.2 percent blueberry juice, the court noted. At issue in the case was how to reconcile two federal laws, one allowing private lawsuits over misleading advertising and the other authorizing federal regulation of food labels. Justice Anthony Kennedy, writing for the unanimous Court, ruled that the two laws had different purposes.
Adam Liptak, "Coke Can Be Sued by Rival Over Juice Claim, Court Says", The New York Times , June 12, 2014, © The New York Times Company
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