Dive Brief:
- Pom Wonderful will get its day in court. The Supreme Court has agreed to hear its complaint about how Coca-Cola labels a rival product.
- The case stems from a 2010 lawsuit filed by Pom complaining that Coke's Minute Maid brand engaged in deceptive advertising when selling a pomegranate and blueberry flavored juice blend that contained less than a half percent of either blueberry or pomegranate juice.
- A lower court and an appeals court have ruled in favor of Coke, citing the FDA's rule that if there's any juice in a beverage, you can call it by the name of that juice.
Dive Insight:
Wouldn't it be great if the Supreme Court decided to impose some order on the chaos that is food labeling in 2014? Wouldn't it be wonderful if the justices decided that "natural" had a specific meaning and that such meaning was closely linked to nature? Wouldn't it be fantastic if the High Court would rule on what people need to know about the use of genetically modified food ingredients?
Alas, we fear that no such decision is forthcoming. It's more likely the court will side with the lower courts and say, essentially, that the FDA needs to do something. But given that the FDA seems unwilling to do a thing, we intend to cash in on the labeling chaos. Look for our newest product — Pom Fantastic Pomegranate Juice Blend, an all-natural weight-loss product made with 99.9% tap water and a splash of fruit juice — on store shelves soon. It's gluten-free!