Supreme Court Declares Federal Label Approval Not Blanket Protection

Dear Client:The Supreme Court decided yesterday that having federal label approval for a beverage product does not give a company blanket protection from litigation. The case we're referring to is Pom Wonderful vs. Coca-Cola (see WSD 04-22-2014). Recall, Pom Wonderful sued Coca-Cola (Coke) in 2008 under the Lanham Act for false advertising on its Minute Maid Pomegranate Blueberry product. Pom's main beef with Coke is that the primary ingredients in Coke's Pomegranate Blueberry juice are apple and grape juice, while