Food Engineering logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Engineering logo
  • NEWS
    • Latest Headlines
    • Manufacturing News
    • People & Industry News
    • Plant Openings
    • Recalls
    • Regulatory Watch
    • Supplier News
  • PRODUCTS
    • New Plant Products
    • New Retail Products
  • TOPICS
    • Alternative Protein
    • Automation
    • Cannabis
    • Cleaning | Sanitation
    • Fabulous Food Plants
    • Food Safety
    • Maintenance Strategies
    • OEE
    • Packaging
    • Sustainability
    • More
  • EXCLUSIVES
    • Plant Construction Survey
    • Plant of the Year
    • Sustainable Plant of the Year
    • State of Food Manufacturing
    • Top 100 Food & Beverage Companies
  • MEDIA
    • Podcasts
    • Videos
    • Webinars
    • White Papers
  • FOOD MASTER
  • EVENTS
    • Food Automation & Manufacturing Symposium and Expo
    • Industry Events
  • RESOURCES
    • Newsletter
    • Custom Content & Marketing Services
    • FE Store
    • Government Links
    • Industry Associations
    • Market Research
    • Classified Ads
  • EMAGAZINE
    • eMagazine
    • Archive Issue
    • Advertise
  • SIGN UP!
Manufacturing News

TECH FLASH

Legal counsel to the food industry reacts to Coke/POM Wonderful ruling

The US Supreme Court held that the FDCA and Lanham Act are complementary with respect to misleading food labels

By Jeremy Gerrard
July 14, 2014

In a unanimous decision last month, the US Supreme Court ruled POM Wonderful was able to continue with its lawsuit against The Coca-Cola Company for alleged Lanham Act violations.

POM, a supplier of pomegranates and pomegranate products, initially sued Coca-Cola, claiming the labeling, marketing and advertising of the company’s pomegranate and blueberry juice misled consumers and caused unfair competition. POM is seeking damages and an order to ban the labeling.

The Supreme Court’s ruling stated that although Coca-Cola’s label complies with requirements of the Federal Food, Drug and Cosmetic Act (FDCA), it is not impervious to suits filed under the Lanham Act.

The Supreme Court held that the FDCA and Lanham Act are complementary with respect to misleading food labels.

Attorneys in the food industry responded to Food Engineering regarding the significance of the case.

Dale Giali, an attorney with Mayor Brown LLP who focuses on food and beverage litigation called the ruling a significant victory for POM. But he says it was a defeat for Coke, FDA and uniformity and certainty regarding food labeling.

“While consumers will indirectly benefit from competitor Lanham Act claims regarding allegedly misleading food labels, the court makes it clear this is not a question of state v. federal law or consumer suits, and does not in any way undermine preemption principles that would apply to state-law claims against labels regulated by FDA,” Giali says.

Thomas Williams, trademark partner with Ulmer and Berne LLP, agrees with the court and says if Congress intended FDCA to preclude a Lanham Act claim, it would have stated so.

Williams points that because of the ruling, competitors may bring Lanham Act claims like POM’s that challenge food and beverage labels that are regulated by the FDCA, resulting in a significant ripple effect. 

“The court did not opine on what impact, if any, compliance with regulations may have on the merits of the false advertising claim,” Williams says. “The court merely reversed and remanded. That is a big, open question the lower courts will need to sort through.”

Tim Kelly, partner and chair of the Trademark Practice Group at Fitzpatrick, Cella, Harper & Scinto LLP, says the court established that essentially, at least in the false advertising/unfair competition context, manufacturers cannot hide behind one federal statute to avoid liability under another. 

“The situation presented here is not really very different from any other situation,” Kelly says. “Yes, it potentially opens up the manufacturer to multiple suits and multiple assertions of what is ‘clear’ or not ‘misleading,’ but that has always been the case under [the Lanham Act].”

KEYWORDS: FDA labeling regulations

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Jeremy Gerrard was Food Engineering's Digital/Online Editor. He is a graduate of Auburn University with a degree in journalism. His previous work experience includes years spent as a reporter with the Daily Local News out of Chester County, PA. In addition to writing feature articles for Food Engineering, Jeremy covered the Dry Processing, Field Reports and People and Industry news sections.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • 2025 Top 100 Food and Beverage Companies

    FOOD ENGINEERING’s 2025 Top 100 Food and Beverage Companies

    While sales were largely down under dynamic economic and...
    Top 100 Food & Beverage Companies
    By: Alyse Thompson-Richards
  • Bottling machine

    How Optical and X-Ray Inspection Supports Bottling Safety and Quality

    By transitioning from legacy single-technology systems to...
    Food Safety
    By: Dan McKee
  • Bread baking in oven

    The State of Food Manufacturing in 2025

    Food and beverage manufacturers are investing in...
    State of Food Manufacturing
    By: Alyse Thompson-Richards
Manage My Account
  • eMagazine
  • Newsletter
  • Online Registration
  • Manage My Preferences
  • Customer Service

More Videos

Popular Stories

The Campbell's Company logo

Campbell’s Terminates Exec Over Alleged Disparaging Comments

Frito-Lay logo

PepsiCo to Close Two Florida Facilities

alternative protein products

Alternative Protein in 2025: Key Trends and Technologies

State of Maufacturing 2025

Events

June 17, 2025

Refrigerated & Frozen Foods’ State of the Cold Chain

On Demand Kelley Rodriguez, Editor in Chief of Refrigerated & Frozen Foods, will be joined in this 60-minute webinar by industry experts to help unpack the latest research.

July 23, 2025

Decarbonizing Process Heat: What You Should Know and Next Steps

On Demand Driven by climate goals, business risk, client interest, and resilience considerations, food and beverage companies are increasingly turning their attention to decarbonizing their production processes.

View All Submit An Event

Products

Recent Advances in Ready-to-Eat Food Technology

Recent Advances in Ready-to-Eat Food Technology

See More Products

CHECK OUT OUR NEW ESSENTIAL TOPICS

Alternative ProteinAutomationCleaning/SanitationFabulous Food Plants

Food SafetyMaintenance StrategiesOEE

PackagingSustainability

Related Articles

  • The POM, Coke juice dispute

    See More
  • Supreme Court rules in favor of POM Wonderful

    See More
  • NCBA reacts to audit of Brazil meat inspection

    See More

Related Products

See More Products
  • food crime.jpg

    Food Crime: An Introduction to Deviance in the Food Industry

  • The 10 Principles of Food Industry Sustainability

  • statical.jpg

    Statistical Process Control for the Food Industry: A Guide for Practitioners and Managers

See More Products
×

Elevate your expertise in food engineering with unparalleled insights and connections.

Get the latest industry updates tailored your way.

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Food Master
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing