False Advertising - POM Wonderful v. Coca-Cola

Supreme Podcast show

Summary: On this episode we review the Supreme Court's decision this week in POM Wonderful LLC v. Coca-Cola Company, which considers a claim by POM Wonderful that Coca-Cola's Minute Maid brand misleads consumers by displaying the words “pomegranate blueberry” with far more prominence on one of its juice blend labels than other words on the label when in fact the product contains but 0.3% pomegranate juice and 0.2% blueberry juice. The Court considers whether a private company can bring a Lnaham Act false advertising claim after the Federal Food, Drug, and Cosmetic Act (FDCA) has already approved the label.