Venable partner Dan Silverman
was quoted in the June 12, 2014 issue of Beverage Business Insights
on the Supreme Court’s Lanham Act ruling. In a unanimous decision, the Court ruled federal regulation of food and drink labels does not prevent companies from bringing false advertising claims under the Lanham Act. The ruling was the result of a lawsuit by POM Wonderful against Coca-Cola over Coke’s labeling of a drink as “Pomegranate Blueberry Flavored Blend of 5 Juices” when it only contained 0.3% pomegranate juice.
Silverman warned that the ruling “should be a wakeup call to manufacturers” who should now consider federal labeling guidelines a “floor but not a ceiling.” However, he does not expect a flood of Lanham Act suits to follow the Court’s ruling.