Bookmark and Share



» Access to Courts and Court Remedies

» Campaign Finance and Election Laws

» Constitutional Rights and Requirements

» Health, Safety, and Environment

» Open Government and Open Courts

» Representing Consumers

» Workers' Rights

Currently Featured Topics

Government Transparency
Consumer Justice
First Amendment
Health, Safety and the Environment


Read about our work helping lawyers
with cases in the Supreme Court.


  Public Citizen | Litigation Cases ***Search other cases***

POM Wonderful LLC v. Coca-Cola

Topic(s): Consumer Justice
Preemption of Consumer Remedies
Docket: 12-761



POM Wonderful LLC brought this action against the Coca-Cola Company, stating a false-advertising claim under the Lanham Act, among other claims, alleging that Coca-Cola’s advertising, name, and labeling of its Minute Maid “Pomegranate Blueberry” juice was false or misleading. The court of appeals held that POM’s Lanham Act claim is barred by the Food and Drug Administration’s regulation of beverage labeling, and POM sought review in the U.S. Supreme Court. Public Citizen, on behalf of itself, AARP, Consumers Union, Consumer Federation of America, and the Center for Science in the Public Interest, filed an amicus brief in support of POM’s position. The brief argued that both the FDA regulation and the Lanham Act easily can co-exist: Congress specified that a state-law claim that is substantially similar to POM’s Lanham Act claim is not preempted. Congress thus specified that such challenges pose no threat to FDA regulation. If enforcement of state laws on these subjects is not inconsistent with the NLEA, it follows that enforcement of other federal laws that address these subjects also is not inconsistent with the NLEA. In addition, the FDA has acknowledged that it does not have the resources to address and does not address misleading food and beverage labeling. Private enforcement is therefore the only existing mechanism for deterring and addressing misleading food labeling.

In a 9-0 decision, the Supreme Court reversed the decision below and ruled for POM.

Copyright © 2017 Public Citizen. Some rights reserved. Non-commercial use of text and images in which Public Citizen holds the copyright is permitted, with attribution, under the terms and conditions of a Creative Commons License. This Web site is shared by Public Citizen Inc. and Public Citizen Foundation. Learn More about the distinction between these two components of Public Citizen.

Public Citizen, Inc. and Public Citizen Foundation


Together, two separate corporate entities called Public Citizen, Inc. and Public Citizen Foundation, Inc., form Public Citizen. Both entities are part of the same overall organization, and this Web site refers to the two organizations collectively as Public Citizen.

Although the work of the two components overlaps, some activities are done by one component and not the other. The primary distinction is with respect to lobbying activity. Public Citizen, Inc., an IRS § 501(c)(4) entity, lobbies Congress to advance Public Citizen’s mission of protecting public health and safety, advancing government transparency, and urging corporate accountability. Public Citizen Foundation, however, is an IRS § 501(c)(3) organization. Accordingly, its ability to engage in lobbying is limited by federal law, but it may receive donations that are tax-deductible by the contributor. Public Citizen Inc. does most of the lobbying activity discussed on the Public Citizen Web site. Public Citizen Foundation performs most of the litigation and education activities discussed on the Web site.

You may make a contribution to Public Citizen, Inc., Public Citizen Foundation, or both. Contributions to both organizations are used to support our public interest work. However, each Public Citizen component will use only the funds contributed directly to it to carry out the activities it conducts as part of Public Citizen’s mission. Only gifts to the Foundation are tax-deductible. Individuals who want to join Public Citizen should make a contribution to Public Citizen, Inc., which will not be tax deductible.


To become a member of Public Citizen, click here.
To become a member and make an additional tax-deductible donation to Public Citizen Foundation, click here.