It took the Supreme Court to decide that Coca Cola could be sued for misleading its consumers into believing that a juice mainly made with apple and grape juice was actually pomegranate and blueberry juice. It’s not about a false statement that Coca Cola would have made. It’s about the size of the statement (size matters to some obviously).
Kennedy wrote that “despite the minuscule amount of pomegranate and blueberry juices,” the company’s labeling displayed “pomegranate blueberry” in capital letters on two lines, with “flavored blend of 5 juices” in smaller type.
The first time I needed 100% pomegranate juice for a recipe, I checked the labels for ingredients. Needless to say the difference in price between a Pom Wonderful bottle and a Minute Maid bottle are also big clues. Additionally, when “flavored” is used, it is usually a sign it is not going to be 100% pure.
The label met the FDA regulations but it appears that Justice Kennedy was fooled.
The case was not brought up by a consumer though, but by competitor Pom Wonderful, suing for false advertising. So either they think their consumers are stupid – and can’t make the difference if they wanted to – or they simply are annoyed that Coca Cola is entering a niche, their niche.
Either way, I might start juicing my own pomegranates from now on.