Pomegranate juice is a trendy, health conscious drink, but are all pomegranate drinks equal? Pom Wonderful sued Coca-Cola under Section 43(a) of the Lanham Act claiming that the beverage giant was misleading consumers about the amount of pomegranate juice in its MINUTE MAID “Pomegranate Blueberry Juice.” Although pomegranate seemed to be the selling point, the drink was actually comprised of 99.4% apple and grape juices.
Rather than substantively address this Lanham Act claim, Coca-Cola (“Coke”) sought to dismiss the suit as precluded by the Food, Drug, and Cosmetics Act. This past June (2014), the Supreme Court of the United States (“SCOTUS”) unanimously held that the regulatory provisions of the Food, Drug, and Cosmetic Act (“FDCA”) do not preclude or limit the statutory private right of action provided in the Lanham Act. Instead, they are complementary statutes that provide greater protection to consumers in combination than either could alone.
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