March 23, 2016

'Common Sense' Wins in Fruit Juice False Advertising Verdict, Dick Wegener Tells Law360

Pom Wonderful, a maker of pomegranate-based products, lost a false advertising suit against Coca-Cola alleging “Enhanced Pomegranate Blueberry Flavored 100% Juice Blend,” a product of Coca-Cola subsidiary Minute Maid, misled consumers. A federal jury sided with Coca-Cola, seemingly agreeing with the defense’s argument that the company complied with the Food and Drug Administration’s (FDA) food labeling requirements under the Federal Food, Drug and Cosmetic Act (FDCA). Faegre Baker Daniels counsel Dick Wegener told Law360 that the jury sensibly placed precedence on compliance with the law in rendering its verdict. 

“I think the jury has sent a subtle message that common sense really precludes a finding of liability when a company follows labeling rules set under the FDCA, one of the oldest regulatory schemes,” Wegener said.

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