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Another good article
http://www.foodnavigator-usa.com/Reg...ame-out-on-top
and a pic of the **** liarwyer representing Coke, Kathleen Sullivan.
Coke's name for a product that contains 0.3% pomegranate juice and 0.2% blueberry juice.
Coke via it's scuzzy lawyers trying to get the paid-off FDA to have jurisdiction.
WASHINGTON — Coca-Cola didn't get much love from the Supreme Court on Monday in claiming that its Minute Maid pomegranate-blueberry juice is the real thing.
"Misleading," "deceptive" and "labels that cheat the consumers" were some of the descriptions used by the court to describe Coke's name for a product that contains 0.3% pomegranate juice and 0.2% blueberry juice. And those were just from Justice Anthony Kennedy, the most frequent swing vote on the court.
The occasion was a challenge from POM Wonderful, makers of 100% pomegranate juice, brought under a 1946 law that prohibits false advertising. And while Coke countered that two laws governing Food and Drug Administration regulations allow the name, a majority of justices weren't enamored with the label.
"Why are you permitted to use it in a misleading way?" Justice Sonia Sotomayor asked Coke's attorney, Kathleen Sullivan. When Sullivan disputed that the label was misleading, Justice Ruth Bader Ginsburg chimed in, "Suppose the reality is that consumers are misled."
So misled, it became clear, that Kennedy himself was among those duped. "Don't make me feel bad, because I thought that this was pomegranate juice," said the court's lone Californian, where the fruit is grown.
The case boils down to a contest between various laws enacted by Congress, and which one carries the most weight. POM Wonderful argues that the Lanham Act prevents compe ors from mischaracterizing their products.
That fits Coke's juice to a P, POM attorney Seth Waxman said, because it contains only an "eye-dropper" of pomegranate juice. "It amounts to a teaspoon in a half gallon," he said, the rest being almost entirely less expensive apple and grape juices.
Coke says the FDA has authority in this area, which would stop POM Wonderful from succeeding in state courts. The only way to have one law of the land, Sullivan said, is to adhere to federal labeling rules, which permit naming products by their "minority" contents.
"Coke's label is, as a matter of law, not misleading," Sullivan said. A close reading of the label shows that it's called "Pomegranate Blueberry Flavored Blend of 5 Juices," with the first two words printed in larger letters.
But that argument didn't appear to pass muster with the justices. Several noted that the FDA's principal role is in protecting health and safety, not commercial compe ion.
"Labels for juices are not really high on its list," Ginsburg said.
http://www.usatoday.com/story/news/n...juice/7966375/
Another good article
http://www.foodnavigator-usa.com/Reg...ame-out-on-top
and a pic of the **** liarwyer representing Coke, Kathleen Sullivan.
Pic of the label Scamma-Cola uses:
Huh. It looks like Welch's got nailed on it a few years ago.
http://mobile.nutraingredients-usa.c...g-juice-claims
all juices are almost total garbage anyway. Anything from BigFood is garbage. Garbage in, Makes People Fat and Ill.
Because Apple is the second ingredient?
Wow...
It's still effectively 100% juice.
Note the bottle. It doesn't say "100% Grape and Pomegranate."
it's mostly apple juice.
Note the bottle. It doesn't say "mostly apple juice".
smh.
LOL, it's like a restaurant serving you a glass of water with a tiny bit of syrup and calling it Coke.
Get this in court.
Outstanding!
nicely done.
A 1/10 on the troll attempt scale by Mild Cobra.
I try to read the ingredients.
When high fructose corn syrup is in there, I set it back on the shelf.
How did this case get all the way to the Supreme Court?
Oh, it's just a gripe under what law/agency covers this kind of crap.
Excuse please.
Same here. I make an exception for Miracle Whip, but most other products have a compe or without it.
What's next? The V8 Fusion I like? They all have a mix of various fruits and vegetables that aren't listed in the flavor, but they are 100% juice.
Whats next is not to put Huge deceptive labels on your products. The intent was clear. The reason this is in court is to try and determine who has the control over the labeling. Coke is trying to get this by using an agency whose "laws" don't cover this practice.
Its clearly deceptive labeling.
What's also cool is POM Wonderful, the plaintiffs, are also in hot water for deceptive labeling
Are you saying it isn't 100% Pomegranate juice?
http://www.pomwonderful.com/pomegran...granate-juice/
I don't see saying it's 100% juice and saying the flavor on two different lines as deceptive.
It is 100% juice, right?
The ingredients are listed, right?
You can head to scotusblog.com and read the transcript... I mean, that didn't went well for Coca Cola at all...
And yet in the end they were able to get it to an L.A. jury. Coke found *not guilty*
An L.A. jury.
Smh ffs.
POM loses false advertising case vs Coca-Cola; case offers 'rare glimpse' into how jurors regard such claims, say lawyers
By Elaine Watson+, 21-Mar-2016
It famously persuaded the Supreme Court that there was a case to be heard in 2014, but POM Wonderful this week failed to convince a California jury that Coca-Cola willfully misled consumers by marketing a product comprised almost entirely of apple & grape juice as ‘Pomegranate Blueberry'.
http://www.foodnavigator-usa.com/Reg...isled-shoppers
Last edited by Fabbs; 11-11-2016 at 08:48 PM.
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