June 12, 2014
Advertising Age
In the case POM Wonderful v. Coca-Cola, POM claimed that Coca-Cola’s label for Minute Maid pomegranate blueberry juice was misleading. The U.S. Supreme Court ruled on June 12 in favor of the pomegranate juice brand with an 8-0 vote, exercising the Lanham Act, which prohibits the misleading branding of food and beverages.
Finnegan partner B. Brett Heavner said the decision could also impact ad regulation handled by other agencies, such as the FCC and FDIC. "Anyone hoping or thinking those regulations would preempt a Lanham Act claim are going to have a hard time. The Lanham Act protects a different sort of interest, the competitive interest."
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