Sales Here with Cynthia Harley

Communications student exploring sales and advertising

The Lanham Act

The Lanham Act was enacted during Harry Truman’s presidency in 1947 and established enforcement against false advertising, trademark infringement and trademark dilution.  Today the Act is coming in handy for the Pom Wonderful vs. Coca Cola Supreme Court case.  Pom Wonderful is suing Coca Cola for misrepresenting their product through labeling.  Pom Wonderful only contains 0.3 percent pomegranate juice and the rest 0.2 percent blueberry juice and 99% apple juice.  The backlash from Pom to Coca Cola comes from the labeling promoting the main ingredient as pomegranate within its name and typography on the bottle. 

The interesting part of all this is that the Coca Cola designed labeling and name has long since been approved by the Food and Drug Administration.  And the scary part of all this for advertisers is if Pom wins their lawsuit because this would prompt many food labels to come under scrutiny for misrepresentation.  Moreover, is it even justifiable for the lawsuit to entertained by the court system? 

Products that personally come to my mind that could be re-reviewed by the FDA for label misrepresentation include Fig Newtons and the Naked label juice brands.  So many health food products are actually mislabeled when you look at their ingredients.  In my opinion it’s the responsibility of the consumer to check the labeling of products to ensure true ingredients but opinions like this is why I’m on the marketer’s side. 

As well as being on the side that the Pom vs. Coca Cola case should be dismissed.  Besides who even drinks Pom? 

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