Hasta La Creative!

The Supreme Court spent about an hour on Monday listening to arguments from Pom Wonderful and Coca-Cola in a case that could have far-reaching implications for food and beverage marketers.

Several legal experts interviewed by Ad Age said they expect the Supreme Court will rule in favor of Pom, which is seeking approval to challenge Coca-Cola’s labeling using the Lanham Act, a federal law businesses use when suing each other over false ad claims. If Pom wins, the pomegranate juice brand will have the opportunity to argue that Coca-Cola has misled consumers with a “pomegranate blueberry” product that contains 0.3% pomegranate juice and 0.2% blueberry juice. A decision is expected in June.

“It seems quite obvious that the court is highly skeptical of Coca-Cola’s arguments,” said Robert Bader, an attorney with Goodwin Procter. “There’s an overriding distaste for the fact that, at least from their perspective, the label on the juice is false, misleading. … It would be hard for them to say, ‘Pom, your claims can not go forward,’ when the label is in their eyes, and in the eyes of most in the public, misleading.”

Continue reading at AdAge.com