Consumers are losers in food labeling lawsuits

POM, the pomegranate juice maker, claims Coca-Cola, which offers Minute Maid “Pomegranate Blueberry Blend of 5 Juices” containing only 0.3% pomegranate juice and 0.2% blueberry juice, is in violation of the Lanham Act, the federal false advertising law.

The Supreme Court has recently cleared the way for POM to pursue a Lanham Act claim against Coca-Cola.

It is too early to tell if this case will spark a wave of food labeling lawsuits but the possibility certainly exists.

If there is a wave of food labeling lawsuits, it will be consumers who are the big losers. For instance just in the juice arena, the Food and Drug Administration guidelines make a distinction between “juice,” “juice drinks,” and “juice beverages.”

The nuances of food labeling will likely become more confusing as judges weigh in on these food labeling lawsuits. Consumers already have a hard deciphering what food labels mean. Judges making individual interpretations of FDA rules and regulations will undoubtedly make food labels even more confusing for consumers.

Consumers certainly are the big losers in these food labeling lawsuits.