SUPREME COURT DECISIONS
The Supreme Court recently released its decision in Pom Wonderful LLC v. Coca Cola Co.
Pom Wonderful, which sells an array of pomegranate juices, sued Coca Cola for alleged unfair competition due to false and misleading product descriptions. In short, Pom alleged that Coke's description of one of its "Minute Maid" juices, labelled as "pomegranate blueberry," was false and misleading. The reason: Coke's product contains no more than .3% pomegranate and .2% blueberry, in spite of the prominence of the juices on the label. This, in turn, Pom alleged, results in unfair competition with its own line of pomegranate blueberry juice, which contains higher percentages of pomegranate and blueberry. Pom Wonderful asserted the claim under § 43 of the Lanham Act (15 U.S.C. §1125), which allows private parties to assert civil claims for unfair competition.
