(Registrar Corp recently issued a press release to address food and beverage labeling blunders as Coca-Cola’s case is argued before the Supreme Court. Coca-Cola has been accused of false advertising, but answers that its products comply with U.S. FDA label regulatory requirements.)
As a regulatory consulting firm specializing in U.S. Food and Drug Administration (FDA) regulations, Registrar Corp has been closely following the oral argument (No. 12761) recently made against the Coca-Cola Company before the U.S. Supreme Court. POM Wonderful, a pomegranate juice company, has brought suit against the Coca-Cola Company over the labeling of a blended fruit juice.
Coca-Cola’s subsidiary brand Minute Maid labeled one of their juice blends as a “Pomegranate Blueberry” juice blend. The ingredients in this beverage are approximately 0.3% pomegranate juice, but mainly consist of apple and grape juices. Competitor and pomegranate juice manufacturer, POM Wonderful is suing the Coca-Cola Company for false advertising. Coca-Cola is defending its labeling practices by responding that the juice label is compliant with U.S. FDA requirements, according to Court documents.
The FDA is the regulatory authority that sets and enforces the standards required for the labeling of foods and beverages sold in the United States. FDA’s labeling requirements are found in thousands of pages within the Code of Federal Regulations, as well as the Federal Register, EAFUS Database, GRAS Notices, Guidance Documents, Labeling Guides, and Warning Letters issued by U.S. FDA. All food and beverage manufacturers that sell dietary supplements, prepared food, and beverages within the United States must comply with these regulations.
POM Wonderful based their arguments on a law called the Lanham Act which allows for “businesses whose market is misappropriated by competitors that misrepresent the character of the goods they sell” to sue. The lawsuit claims that The Coca-Cola Company’s label misleads customers, fooling them into believing their Minute Maid Pomegranate Blueberry juice blend primarily consists of pomegranates and blueberries. The U.S. Supreme Court must make a decision on whether an FDA-compliant juice label may be actionable as false advertising under the Lanham Act.
“If Coca-Cola wins, the Court may add new powers to the FDA, by granting a ‘safe harbor’ to what otherwise might be deemed unfair competition, provided that FDA labeling rules were followed,” says Russell K. Statman, Executive Director at Registrar Corp.
For more information on U.S. FDA Labeling and Ingredient Regulations or any other U.S. FDA regulation, contact Registrar Corp at +1-757-224-0177 or receive online Live Help from our regulatory specialists: https://www.registrarcorp.com/livehelp