Tag Archives: LANHAM

Putative Class Action Filed Against Walmart, Costco, Amazon and Others Alleging Coffee is Falsely Labeled as “Kona”

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Amazon, Walmart, Costco Sued Over Fake ‘Kona’ Coffee (subscription to Law360 required) Section 43(a) of the Lanham Act (15 U.S.C. 1125) permits a civil action for, among other reasons, “false designation of origin.”  To prevail, a plaintiff must prove the designation of origin is false, that it is used in a commercial advertisement (e.g., a … Continue Reading

POM & Coke: Trial by Jury

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POM Wonderful pursues false advertising claim against Coca-Cola. (subscription to Law360 required) As previously covered on this blog, POM Wonderful sued Coca-Cola in 2008 under the Lanham Act for allegedly misleading consumers with its labels for Minute Maid pomegranate blueberry juice.  According to POM, Coke’s labels misrepresented the amount of actual pomegranate juice present in … Continue Reading

Yogurt Fight Gets Messy

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Chobani’s latest ad campaign targets ingredients in Dannon and Yoplait products Yoplait and Dannon have accused competitor Chobani of using false and misleading statements about their products in Chobani’s latest ad campaign.  In newspaper, television, and social media advertisements that began airing January 6, 2016, Chobani states that unlike its Simply 100 yogurt, Yoplait Greek … Continue Reading

Just In on Just Mayo

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Just Mayo sued again over allegedly deceptive name. In November 2014, Unilever (maker of Hellmann’s mayonnaise) sued Hampton Creek, the maker of a mayonnaise substitute called “Just Mayo.”  Unilever argued that Just Mayo was labeled and marketed as standard “mayonnaise” despite its failure to comply with FDA’s standard of identity for the product.   Under FDA’s … Continue Reading

The Juice is Loose

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Class action lawsuit alleges deceptive labeling of juice products. (subscription to Law360 required) In 2014, the U.S. Supreme Court ruled that POM Wonderful could sue Coca-Cola under the Lanham Act for allegedly misleading consumers with its labels for Minute Maid pomegranate blueberry juice.  According to POM, Coke’s labels misrepresented the amount of actual pomegranate juice present in a blend … Continue Reading
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