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Not Quite The Real Thing Coca-Cola False Advertising Lawsuit Moves Forward
The Supreme Court ruled today that Pom Wonderful can sue Coca-Cola in a dispute over false advertising.
Pom, which makes pomegranate juice, had sued Coke for calling a drink "Pomegranate Blueberry" when it had less than a percent of pomegranate or blueberry juice.
Pom called it deceptive labeling.
Coca-Cola argued FDA regulations allow it to name a product based on its minority ingredients and that should trump a law Pom pointed to, which allows private parties to file false advertising lawsuits.
Since the court sided with Pom Wonderful, the door is wide open for Pom's original 2008 lawsuit against Coke to move forward.