date:May 21, 2012
t of POMs claims.
The appeal court ruled that the Food Drug and Cosmetic Act (FDCA) and its regulations barred pursuit of name and labeling aspects of Poms claim made under the US Lanham Act that polices false advertising.
The naming component of Poms claim is barred, because, as best we can tell, Food and Drug Administration (FDA) regulations authorize the name Coca-Cola has chosen, the judges said in their opinion yesterday.
Juice labeling regulations
The FDA allows manufacturers to name