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Tag Archives: POM Wonderful

POM Wonderful Inc. v. FTC: Lessons Learned

Posted in Misbranding

On January 30, 2015, the United States Court of Appeals for the District of Columbia issued an opinion in a case regarding the Federal Trade Commission’s (FTC) challenge to the advertisements of POM Wonderful’s (“POM”) pomegranate-based products. POM Wonderful Inc. v. FTC, Case No. 13-1060 (D.C. Cir. Jan. 30, 2015). POM produces, markets, and sells… Read More

Pom Wonderful Drops Ninth Circuit Appeal of State Claims Filed Against Coca-Cola

Posted in False Advertising Claims, Misbranding, Preemption

On September 19, 2014, Pom Wonderful, LLC dropped its Ninth Circuit appeal of a ruling that dismissed its state deceptive advertising and unfair competition claims against Coca-Cola, a sibling case to a recent Supreme Court decision.  (See prior Pom Wonderful blog post here.)  Accordingly, the Ninth Circuit will not revisit whether Pom Wonderful’s state court… Read More

U.S. Supreme Court Rejects Broad FDA Preclusion in Pom Wonderful Lanham Act Case

Posted in False Advertising Claims, Preemption

On June 12, 2014, the U.S. Supreme Court issued an 8-0 ruling in favor of Pom Wonderful in a long standing false advertising dispute against rival beverage company Coca-Cola.  Reversing the Ninth Circuit’s broad FDA preclusion ruling, the Supreme Court held that competitors can bring Lanham Act claims like Pom Wonderful’s challenging food and beverage… Read More

Pom Wonderful Brings Food Labeling Dispute To The U.S. Supreme Court: When Are Claims Based On Allegedly Improper Product Labeling Barred By The Food, Drug, And Cosmetic Act?

Posted in False Advertising Claims, Misbranding

A long-standing false advertising dispute between beverage companies Pom Wonderful and Coca-Cola has reached the United States Supreme Court and carries far-reaching implications for other food labeling litigation. On January 10, 2014, the Supreme Court granted certiorari in Pom Wonderful LLC v. The Coca-Cola Co., 679 F.3d 1170 (9th Cir. 2012). See Pom Wonderful LLC… Read More

Pom Wonderful Case Against Coca-Cola Heads to the High Court

Posted in False Advertising Claims

The United States Supreme Court has decided to wade into a battle between POM Wonderful LLC and Coca-Cola Co. over whether Coke’s labeling of its Minute Maid pomegranate-blueberry juice blend violates the Lanham Act’s prohibition against false advertising. POM is challenging the Ninth Circuit’s decision upholding dismissal of its Lanham Act claim, which alleged that… Read More

Misbranding Case Against Gerber Over “Stages” Baby Food Products Trimmed but Not Kicked Entirely

Posted in False Advertising Claims, Misbranding, Motion to Dismiss

A recent case in the Northern District of California against Gerber over alleged misbranding of its “stages” baby food products demonstrates the difficulty companies face in knocking out food misbranding cases at the motion to dismiss phase. Bruton v. Gerber Prods. Co., et al., 12-CV-02412-LHK. The lawsuit focuses on Gerber’s product labels, which include phrases… Read More

Court May Ask FDA to Weigh In on “All Natural” Debate

Posted in False Advertising Claims, GMO

California federal courts, particularly those in the Northern District, have become a magnet for food labeling litigation—in particular, cases challenging “All Natural” labels on products containing genetically modified organisms (GMOs).  The FDA, which has regulatory authority over food labeling, has not addressed whether foods containing GMOs may be labeled “natural,” or whether the existence of… Read More

Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell

Posted in Class Certification

The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog.  While the consumer class action involving POM was recently dismissed,  a recent decision by the Federal Trade Commission (“FTC”) and the subsequent request for review of that decision may bear on future… Read More

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

Posted in False Advertising Claims, Preemption

As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling.  Yesterday, Judge Otero in the Central District of California confirmed that preemption under the FDCA has teeth, finding that the FDCA preempts… Read More

Question of the Week: Under Prop 37, how long do companies have to bring their products into compliance with the new labeling requirements?

Posted in Class Certification, GMO

As we’ve previously discussed, Prop 37 has two important labeling components: (1) a requirement that foods made with genetic engineering are labeled as genetically engineered, and (2) a restriction on labeling genetically engineered foods and processed foods as “natural.” The language of Prop 37 suggests that each of these components has a different date on… Read More

Nationwide Class Certified in Case Against Pom under California’s Consumer Laws

Posted in False Advertising Claims

Yes, you read that right.  A federal judge in California has certified a nationwide class under California’s false advertising and unfair competition laws.  You may have thought that possibility was largely a thing of the past after Mazza v. American Honda Motor Co., 666 F.3d 581 (9th Cir. 2012)—at least in the Ninth Circuit.  Au… Read More

Food Binge: Big Tobacco Lawyers Set Their Sights on the Food Industry

Posted in False Advertising Claims, Misbranding

As the New York Times recently reported a group of former tobacco lawyers looking for a shakedown have gone on a food binge.  Over the past four months, class counsel has filed 24 (and counting) nearly identical food “misbranding” class actions in federal court in the Northern District of California.  So many “misbranding” cases have… Read More