CA law applies to pomegranate ad case

“Pom Wonderful’s false advertising complaint survived Ocean Spray Cranberries’ motion to dismiss because federal law does not pre-empt state fraud laws on food labeling, a federal judge ruled in Los Angeles, in a case involving pomegranate juice.

Pom Wonderful, which popularized pomegranate juice, accused Ocean Spray of falsely claiming its pomegranate and cranberry juice blend contained significant amounts of pomegranate by featuring the fruit prominently on its label. In fact, Pom says, Ocean Spray’s blend is almost entirely apple and grape juice.”

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