Pom Wonderful was granted, by the Supreme Court, to further their litigation case against Coca-Cola, Co. The Huffington Post reported the Supreme Court sided with Pom Wonderful ruling 8-0 to pursue the lawsuit. The basis of the lawsuit is that Coca-Cola has a similar product called “Pomegranate Blueberry” that is offered by Coke’s Minute Maid that is misleading. The reason why the product is misleading is because the contents of the beverage are made up of 99% apple and grape juice.
All lower courts sided with Coke but the Supreme Court reversed those decisions. The court ruled that even though the label complies with the Food and Drug Administration (FDA), the consumer can be mislead in other ways. Justice Anthony Kennedy, who wrote the court’s opinion, even stated he thought the juice was mainly pomegranate juice. Of the juice contents, only 0.3% is actually made up of pomegranate juice.
The reason for the lawsuit is because Pom began to lose market share in 2008 when Coke’s Minute Maid released the “Pomegranate Blueberry Flavored Blend of 5 Juices” drink. The label shows “Pomegranate Blueberry” in much larger font than the rest of the phrase. It also shows a prominent picture of a large pomegranate set among other fruits.Google+