United States Ninth Circuit

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Pom Wonderful LLC v. The Coca-Cola Co., 10-55861

In a suit by a juice maker alleging Lanham Act violations and asserting state-law unfair competition and false advertising claims, the district court's grant of partial summary judgment to the defendant is: 1) affirmed insofar as the district court held that the federal Food, Drug, and Cosmetic Act and its regulations barred pursuit of both the name and labeling aspects of the plaintiff's Lanham Act claim; and 2) vacated as to the plaintiff's state-law claims, where the district court erred in ruling that the plaintiff did not have statutory standing.

Appellate Information

  • Decided 05/17/2012
  • Published 05/17/2012


  • O'Scannlain


  • United States Ninth Circuit


  • For Appellant:
  • Seth P. Waxman, Steven A. Zalesin

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