Pom Wonderful LLC v. Coca-Cola Company
Issues
Do the FDA and FDCA preempt private claims of false advertisement under the Lanham Act?
The Coca-Cola Company sells a “Blueberry Pomegranate” beverage blend containing less than 1% pomegranate and blueberry juice. Federal statutes and regulations provide specific guidelines for juice labeling, which are enforced by the Food and Drug Administration (“FDA”). However, the FDA has not sued Coca-Cola, and Coca-Cola asserts that it has followed the federal law. Pom Wonderful LLC, a competitor that sells pomegranate juice, alleges that Coca-Cola’s juice label constitutes an unfair trade practice and sued Coca-Cola under the Lanham Act. Pom argues that the Lanham Act’s provisions deterring unfair trade practices complement federal food-labeling laws. Coca-Cola, however, argues that the Lanham Act cannot apply to issues of food labeling, and that food-labeling statutes narrow the scope of a general statute for unfair trade practices. The Court’s decision will impact the uniformity of food-labeling rules, and private parties’ right to sue for unfair trade practices in the food and drug industries.
Questions as Framed for the Court by the Parties
Whether the court of appeals erred in holding that a private party cannot bring a Lanham Act claim challenging a product label regulated under the Food, Drug, and Cosmetic Act.
Facts
The Coca-Cola Company (“Coca-Cola”) introduced a new beverage called “Pomegranate Blueberry” in September 2007. See POM Wonderful LLC v. Coca-Cola Co., 679 F.3d 1170, 1172 (9th Cir. Cal.
Edited by
- Natalie Naugle, High Court Decision in Pom v. Coke Could End Food Wars, Law 360, Jan. 28, 2014.
- August T. Horvath, POM vs. Coke: The Fight over a Food Label, Nutritional Outlook, Mar. 14, 2014.