Supreme Court pomegranate juice ruling has been made Thursday. According to the Supreme Court pomegranate juice ruling, a pomegranate by any other name could be a cheat, hence a Coke product labelled with pomegranate is not real.
In the recent Supreme Court pomegranate juice ruling, softdrinks manufacturing company "Coca-Cola" may reportedly be sued for false advertising. This is because labeling their drinks as "Pomegranate Blueberry Flavored Blend of 5 Juices" is a falsification as the drink only contains 0.3% of pomegranate juice.
According to USA Today, the recent Supreme Court pomegranate juice ruling is also a victory for the company "POM Wonderful". POM Wonderful are makers of 100% pomegranate juice and NY Times reports that POM had sued Coke for the falsification of labels.
Coke, makers of sodas as well as juices with Minute Maid juices, was sued by POM under a 1946 law which prevents companies from claiming that impostors are the real thing.
Justice Anthony Kennedy has expressed his opinion on the recent Supreme Court pomegranate juice ruling and has said that Coke's "practices allegedly mislead and trick consumers, all to the injury of competitors."
The recent Supreme Court pomegranate juice ruling is a whopping 8-0 ruling. Reports say that it is highly likely that the decision will produce a wider impact on the conflict between free enterprise and false advertising.
David Ter Molen, a lawyer and author of the Food Identity Blog said, "Food and beverage companies should really start rethinking their labels at this point, to the extent that they are relying on the current guidelines that allow for the kind of language that Coca-Cola has been employing."
Former General Counsel at POM Wonderful, Dan Silverman has also expressed his opinion on the Supreme Court pomegranate juice ruling and said, "We can expect more vigorous litigation between competitors, as well as more class actions arising from consumer product labeling issues."
Before the final Supreme Court pomegranate juice ruling has been made, the case has pitted two federal laws against each other, reports The Washington Post. POM reportedly referred to the Lanham Act in their defence. The act allows for a competitor to sue for false or misleading advertising. Meanwhile, Coke's argument was with the Food, Drug and Cosmetic Act which forbids misbranding. The act is enforced by Food and Drug Administration (FDA) regulations.
The Supreme Court pomegranate juice ruling - According to agency regulations, there is no cause for the false advertising law to be incapable.
Attorney Seth Waxman of POM had reportedly argued during the oral arguments in April for the Supreme Court pomegranate juice ruling and fought against Coke. He said that Coke products only has an "eye-dropper" amount of pomegranate juice, which is only a teaspoon in a half gallon." He said that this is what makes the otherwise mostly less expensive apple and grape juices.
Meanwhile, Coke's argument for the Supreme Court pomegranate juice ruling is that FDA regulations allow products to be named even by their minority contents. Coke also noted that the FDA has ultimate authority in the area and not the state governments.
Supreme Court pomegranate juice ruling however has been made against Coke as the justices cited that the FDA's main role is onlyoverseeing health and safety, and not the marketplace.
This article is copyrighted by Travelers Today, the travel news leader
