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Right now, ‘healthy’ sells. The reason is obvious: Americans are in a health crisis; one-third of the country is obese and heart disease rates are ever-growing, according to the Centers for Disease Control (CDC). As mortality becomes a reality, disease-preventing foods are piquing peoples’ interest, and the market is flooded with them.
But how trustworthy are the products you find on supermarket shelves? This question is currently being posed by POM Wonderful, a seller of 100 percent pomegranate juice, which is accusing Minute Maid of marketing its brand of pomegranate blueberry juice in a way that misleads consumers into thinking it contains a substantial amount of the antioxidant-rich fruit, in order to capitalize on the health and nutrition zeitgeist.
POM has filed a lawsuit against Minute Maid’s parent company, Coca-Cola, under the Lanham Act for false advertising, claiming the juice’s name and label make it appear as if pomegranate is the main ingredient, though the blend actually contains less than 0.3 percent of pomegranate juice and is over 99 percent apple and grape juice.
POM vs. Minute Maid
When customers see Minute Maid’s 59-ounce bottle selling for less than $4, compared to POM’s 16-ounce bottle at $4.99, they tend to opt for what appears to be a better deal. But the issue goes beyond unfair competition, said POM spokesperson Rob Six.
“Most people drink pomegranate juice for the health benefits. So, it fools with people’s health,” Six said. “We see it more as a consumer issue — a consumer alert issue.”
Coca-Cola’s main defense is that it adheres to all applicable guidelines by the Food and Drug Administration (FDA), the agency chiefly responsible for regulating food labels. This is true, stated the U.S. District Court for the Central District of California in a summary judgment of the case.
However, the court determined that FDA compliance isn’t enough to get the case thrown out all together, and does “not bar POM from alleging that Coca-Cola has advertised or marketed the juice in a misleading manner,” wrote district judge James Otero.



July 20th, 2010
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