WASHINGTON Jan 10 The U.S. Supreme Court on
Friday agreed to weigh in on a dispute between POM Wonderful LLC
and Coca-Cola Co. over Coke's labeling of a product
marketed as pomegranate blueberry juice.
POM Wonderful has accused Coke of falsely labeling and
advertising the juice product, saying the beverage giant misled
consumers into believing the drink, marketed under the Minute
Maid brand, consisted primarily of pomegranate and blueberry
POM, which produces its own pomegranate-based juice
products, says the drink contained mainly apple and grape
The court said in a brief order issued on Friday that two
justices, Stephen Breyer and Samuel Alito, will not participate
in the case.
A lower court ruled in favor of Coca-Cola. In May 2012, the
San Francisco-based 9th U.S. Circuit Court of Appeals found that
POM may have standing to pursue some state law claims against
The 9th Circuit upheld the lower court's judgment in favor
of Coca-Cola on other federal law claims. POM sought Supreme
Court review of that part of the decision.
The legal question is whether the 9th Circuit was wrong to
conclude that POM, as a private party, could not make its
complaint under a federal trademark law when the product in
question was regulated under the U.S. Food, Drug and Cosmetic
The Obama administration filed a brief urging the court not
to hear the case, although government lawyers said there were
some problems with the court of appeals' rationale in deciding
A decision is due by the end of June.
The case is POM Wonderful v. Coca-Cola, U.S. Supreme Court,