Kaufman & Forman, P.C.
Call to arrange a consultation
678-957-7769 | 770-390-9200
Contact Us
practice areas

Can POM Wonderful file commercial litigation against Coca-Cola?

That is the question the U.S. Supreme Court is asked to consider. Georgia businesses may be following the commercial litigation filed by POM Wonderful LLC, which began in 2008, alleging that Coca-Cola Co. misled customers regarding the composition of one of its juices. Lower courts ruled that POM Wonderful has no standing to bring a deceptive advertising practices claim against Coca-Cola.

The rationale behind those rulings is that regulation of product labeling rests with the Food and Drug Administration, not a private entity such as POM Wonderful. POM Wonderful is challenging that notion. Meanwhile, Coca-Cola contends that its labeling of the juice complies with regulations established by the FDA, and the lower courts agreed.

The juice in question is a pomegranate blueberry juice manufactured and distributed under the Minute Maid brand owned by Coca-Cola. It is POM Wonderful's contention that the juice actually contains little to no pomegranate or blueberry juice. Therefore, consumers are being misled about the true composition of the juice.

Coca-Cola is not the only company accused of misleading its customers. The Federal Trade Commission accused POM Wonderful of deceiving advertising regarding the health benefits of its products. The company is challenging those claims.

For Georgia businesses wanting to track this case, arguments before the U.S. Supreme Court are currently scheduled for April 2014, with a decision expected by June 2014. Depending on the court's ruling, the FDA's regulations regarding labeling could come under scrutiny by others in additional commercial litigation on this subject. Even if POM Wonderful's motives for filing the lawsuit and subsequent appeals may not be selfless, the outcome could ultimately benefit consumers and other companies.

Source: nasdaq.com, Supreme Court to Hear Pom Wonderful's Case Against Coca-Cola, Brent Kendall, Jan. 10, 2014

No Comments

Leave a comment
Comment Information

Contact Kaufman & Forman, P.C. Now

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

get Legal Help Now

Kaufman & Forman, P.C.
8215 Roswell Road, Building 800
Atlanta, GA 30350

Toll Free: 800-461-5864
Phone: 678-957-7769
Fax: 770-395-6720
Atlanta Law Office Map

Review Us

Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.