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David 2, Goliath 1

Little POM Wonderful scored a victory at the Supreme Court yesterday allowing it to go ahead and sue giant Coca-Cola for misleading consumers into believing that its pomegranate-blueberry drink might actually contain more than just 0.5 percent of the juices. The result was not unexpected; during arguments in April, Justice Kennedy asked the lawyer for the Real Thing, “Is it Coke’s position that national uniformity consists in labels that cheat the consumers like this one did?”

The case is POM Wonderful v. Coca-Cola, and I’m going to go have a Coke.

Posted in Opinions, Supreme Court Tagged with: , ,

Argentina and POM Wonderful

The Supreme Court heard two cases today, the first day April’s two-week argument session after which the Court will only sit to deliver this term’s opinions.

The first case, Argentina v. NML Capital, concerns Argentina’s default on bonds the government issued in 1997, and stopped repayments when the domestic economy tanked in 2001. The issue before the Court is how far can creditors go in searching for assets.

The second argument, POM Wonderful v. Coca-Cola, is about truth-in-labeling. Was Coca-Cola guilty of false advertising under the Lanham Act when it labeled its product “Pomegranate Blueberry” even though it was mostly apple juice with only 0.3% pomegranate and 0.2% blueberry? POM Wonderful, which grows and sells pomegranate products, especially juice, thinks so.

The two sides certainly brought the heavy-hitters, former Solicitor General Seth Waxman and Stanford Law professor Kathleen Sullivan, to the lectern.

Though, not everyone found the arguments riveting.

Posted in Arguments, Supreme Court Tagged with: , , ,
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