Pom Wonderful LLC v. Coca-Cola Co.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether the Food, Drug, and Cosmetic Act bars a Lanham Act claim alleging that the name and labeling of a juice beverage are deceptive.

I

Pom Wonderful LLC produces, markets, and sells bottled pomegranate juice and pomegranate juice blends, including a pomegranate blueberry juice blend. The Coca-Cola Company markets and sells bottled juices and juice blends under the Minute Maid brand. In September 2007, Coca-Cola announced a new product called “Pomegranate Blueberry” or “Pomegranate Blueberry Flavored Blend of 5 Juices.” (The parties dispute the…