The U.S. Supreme Court on Thursday gave POM Wonderful LLC the go-ahead to sue competitor Coca-Cola Co. for false or misleading advertising of its products.
The high court reversed the U.S. Court of Appeals for the Ninth Circuit, which found that POM’s 2008 lawsuit under the federal Lanham Act was preempted by the fact that the Coca-Cola label at issue—using the words “Pomegranate Blueberry”—complied with regulations under the Food, Drug and Cosmetic Act (FDCA), as amended by the Nutrition Labeling and Education Act.
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