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Summary

The traditional legal framework for assessing liability for false and misleading advertising is whether the advertising is likely to deceive consumers acting reasonably under the circumstances. Typically, the plaintiff also has to show materiality – that the allegedly deceptive advertising would be important in a consumer’s decision to purchase the product or service.1

Summary

In 2014, two titans in the food industry squared off in the Supreme Court of the United States. POM Wonderful, LLC is a well-known beverage producer, largely credited with ushering in America’s love affair with pomegranate juice. POM Wonderful produces a number of pomegranate-based beverages. One such beverage is a “Pomegranate Blueberry” juice that consists primarily of, well, pomegranate and blueberry juice. Not to be left out of the bourgeoning pomegranate juice market, the Coca-Cola Company began manufacturing and selling its own version of a pomegranate blueberry juice drink: Minute Maid Enhanced Pomegranate Blueberry Flavored 100% Juice Blend. It consists of 99.4 percent apple juice.

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2 - Implications of the Consumer Journey to Traditional Consumer Surveys for Litigation

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19 - Eating Law

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2 - Implications of the Consumer Journey to Traditional Consumer Surveys for Litigation

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19 - Eating Law

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