Just because a product label has been approved by the U.S. Food and Drug Administration doesn’t mean a competitor can’t challenge it as false or deceptively misleading. This according to a U.S. Supreme Court decision in POM Wonderful v. Coca-Cola.
Seyfarth Shaw partner Bart Lazar and associate Tiffany Shimada discuss the case in a client alert. Both companies make a pomegranate-blueberry juice blend, they say, but Coca-Cola’s version is primarily composed of apple and grape juices.
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