POM Wonderful LLC v. The Coca Cola Company - Post-Decision SCOTUScast
SCOTUScast 6-25-14 featuring William Kratzke
On June 12, 2014, the Supreme Court heard oral argument in POM Wonderful LLC v. The Coca Cola Company. This case involves the Lanham Act, which allows individuals to sue for harms resulting from misleading representations of goods or services in commerce. The question in this case is whether a private party can bring a Lanham Act claim challenging a product label that complies with regulations under the Food, Drug, and Cosmetic Act.
In an unanimous opinion delivered by Justice Kennedy, the Court held that competitors may bring Lanham Act claims that challenge food and beverage labels regulated by the FDCA. Justice Breyer took no part in the consideration or decision of this case. The decision of the Ninth Circuit was reversed.
To discuss the case, we have Prof. William Kratzke, who is the Cecil C. Humphreys Professor of Law at the University of Memphis Cecil C. Humphreys School of Law.
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