Pom Wonderful v. Coca-Cola – Reinforcing Defenses to Label Claim ChallengesSupermarket News
June 18, 2012
Zelle Hofmann partner Christopher Micheletti wrote an article titled, "Pom Wonderful v. Coca-Cola – Reinforcing Defenses to Label Claim Challenges,” for Supermarket News' Refresh blog.
In Pom Wonderful LLC v. Coca-Cola, the Ninth Circuit Court of Appeals recently ruled that federal false advertising law (the Lanham Act) does not permit private parties to force changes to beverage names and labels where the FDA has considered the general practice at issue and opted not to prohibit the defendant’s specific conduct. This decision is significant for food and beverage makers considering challenging a competitor’s label claims, and may help such companies defending false advertising class actions in California.
To read the article in full, please click here.