Let the buyer beware

Read this and you will want to do more than read the label before you buy.

Todd Rundstad reported this story in New Hope 360. This is an excerpt.
In 2014, the Supreme Court ruled 8-0 that POM could sue Coke over its Minute Maid Enhanced Pomegranate Blueberry drink, because the 59-ounce container contained all of 2 teaspoons of pomegranate and blueberry juice. That is, just 0.3 percent pomegranate juice and only 0.2 percent blueberry juice. Fully 99.4 percent of the drink was apple and grape juice (raspberry juice constituted the remaining 0.1 percent in a classic case of “why bother,” except in order to put some images of red ripe raspberries on the front-of-pack labels.)

Coke argued that its product name was accurate, and the ingredients are listed in order of appearance on the Nutrition Facts panel, per the FDCA. POM noted that the name of the drink was really Pomegranate Blueberry because those two words were far larger than everything else on the label, and the product contained just traces of pomegranate and blueberry juice.

“Just because you meet technical labeling requirements, you can’t dupe consumers. Yes, you have to meet requirements, but that’s not all. You can’t deceive. In the case of Coke, it was frankly a clear smoking gun they were out to deceive. The product, in large letters, says Pomegranate Blueberry, and the consumer think it’s mostly that, but there’s only 2 teaspoons of pomegranate and blueberry juice in a bottle.” (Daniel Silverman, Venable LLP)

This blows me away. Nanu is what it says it is.

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