Pom scores victory over Coca-Cola in ‘false advertising’ legal dispute
Juice maker Pom Wonderful scored a major victory over cold drinks giant Coca-Cola in a long-running advertising dispute on Thursday, when a jury at the U. S. Supreme Court voted 8-0 in favor of the juice maker.
In 2007, Coca-Cola launched a new product called "pomegranate blueberry" juice. While the name suggests that the product contains pomegranate juice and blueberry juice, it actually contains just 0.3 per cent and 0.2 per cent of pomegranate and blueberry juices. The remainder of the beverage contains apple juice and grape juice with marginal 0.1 per cent raspberry juice.
Pom accused Coca-Cola of misleading consumers by labeling the product with a 'false' name. arguing in the court, Pom's attorney Seth Waxman pointed out that the total amount of pomegranate juice in the controversial drink was equal to a teaspoon being mixed into a half gallon of apple & grape juice.
Coca-Cola argued that the Federal Drug Administration (FDA) allows companies to name their products on basis of any of the contents that are included in the product, even the minority contents.
But, the U. S. Supreme Court sided with Pom and said in its ruling that food & beverage companies could be sued for misleading and tricking consumers by publishing false advertising on their products.
Earlier, an appellate court had ruled in Coca-Cola's favor, ruling that it was sufficient for a company to obtain the FDA's approval. But, the apex court overturned that ruling, saying the FDA's role was simply to monitor a product's safety.
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