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 Coca-Cola argued that it could not be sued over the
labeling of one of its Minute Maid juice products because the label
complies with rules of the Food and Drug Administration, which
oversees some aspects of labeling for processed foods and drinks.
POM Wonderful, which makes a product that is 100 percent pomegranate
juice, had filed suit against Coca-Cola, claiming the Minute Maid
juice label was misleading and would hurt sales for its own product.
The Minute Maid juice is sold as a "Pomegranate Blueberry Flavored
Blend of 5 Juices." It is mostly apple and grape juice with just 0.3
percent pomegranate juice and 0.2 percent blueberry juice, according
to a POM court filing.
Attorney Kathleen Sullivan, who argued for Coca-Cola, said the
company could not be sued by POM for being "misleading" under the
Lanham Act, which is designed to protect trademarks.
Chief Justice John Roberts appeared to disagree: "I don't know why
it's impossible to have a label that fully complies with the FDA
regulations and also happens to be misleading on the entirely
different question of commercial competition, consumer confusion
that has nothing to do with health."
Pomegranate and blueberries are popular with health-conscious
Americans because they contain antioxidants that some believe
prevent cancer and heart disease, although the science behind that
belief is unclear.
The question of whether the labeling is misleading drew sharp
questions.
Justice Anthony Kennedy said, "I think it's relevant for us to ask
whether people are cheated in buying this product."
Sullivan said consumers were sophisticated enough to know that when
they see a food label containing the word "flavored" that other
juices would be in the bottle.
Justice Anthony Kennedy shot back: "Don't make me feel bad because I
thought that was pomegranate juice."
Kennedy also raised the question of "whether people are cheated in
buying this product."
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Justice Sonia Sotomayor agreed with Kennedy, saying: "You're
permitted to use this name under their (FDA) regulations. But why
are you permitted to use it in a misleading way?"
Sullivan took exception to the justices' statements. "Coke's label
is as a matter of law not misleading," she said.
Justice Ruth Bader Ginsburg, addressing a related issue, argued
that the FDA has a huge job.
"Labels for juices are not really high on its list. It has very
limited resources. You are asking us to take what it has said about
juice as blessing (on) this label," she said.
Kennedy agreed: "It is doubtful that FDA has sufficient resources to
police food and beverage labeling."
In a parallel fight, the Federal Trade Commission has accused POM of
making health claims for its juices that the company cannot
substantiate. POM is appealing.
Shares of Coca-Cola closed at $40.75, up 0.07 percent, on the New
York Stock Exchange.
The case at the Supreme Court is POM Wonderful LLC v. The Coca-Cola
Company, No. 12-761.
(Reporting by Diane Bartz; editing by Ros Krasny and Leslie Adler)
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