Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After a Los Angeles judge tossed the bulk of POM Wonderful’s federal and state unfair competition and false advertising case against Coca-Cola in May 2010, POM turned to heavy-hitter Seth Waxman of Wilmer Cutler Pickering Hale & Dorr to handle its appeal. On Thursday Waxman managed to revive part of the case, persuading a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit to reinstate the state claims against Coca-Cola over its “Pomegranate Blueberry” drink. But the panel upheld U.S. District Judge James Otero’s ruling that POM’s federal Lanham Act claim is barred by the Food, Drug and Cosmetic Act, which gives the Food and Drug Administration discretion over regulating product labels. (Read the court’s 14-page opinion here.) Coca-Cola was represented by Steven Zalesin of Patterson Belknap Webb & Tyler. The National Law Journal’s Amanda Bronstad has a detailed report on Thursday’s ruling.

This premium content is locked for
The American Lawyer subscribers only.

  • Subscribe now to enjoy unlimited access to The American Lawyer content,
  • 5 free articles* across the ALM Network every 30 days,
  • Exclusive access to other free ALM publications
  • And exclusive discounts on ALM events and publications.

*May exclude premium content
Already have an account?
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to groupsales@alm.com to learn more.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.