Thursday, June 12, 2014

Coke Can Be Sued by Rival Over Juice Claim, Court Says

By ADAM LIPTAK, NYT
JUNE 12, 2014

WASHINGTON — The Supreme Court on Thursday unanimously allowed a false advertising suit against a Coca-Cola juice blend to move forward, saying the company’s practices “allegedly mislead and trick consumers, all to the injury of competitors.”

The blend, sold under Coca-Cola’s Minute Maid brand, is made almost entirely from apple and grape juice. But it is labeled Pomegranate Blueberry, followed in smaller type by the phrase “Flavored Blend of 5 Juices.”

Justice Anthony M. Kennedy, writing for the court, said the blend contained a “minuscule amount of pomegranate and blueberry juices.” More specifically, he said, it is made up of “99.4 percent apple and grape juices, 0.3 percent pomegranate juice, 0.2 percent blueberry juice and 0.1 percent raspberry juice.”

“The product’s front label,” he added, “also displays a vignette of blueberries, grapes and raspberries in front of a halved pomegranate and a halved apple.”

(More here.)

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