Jump to content

The TTB Isn't The Only Sheriff In Town - Or So Says The U.S. Supreme Court


Conquistador
This topic has been inactive for at least 365 days, and is now closed. Please feel free to start a new thread on the subject! 

Recommended Posts

This is related to bourbon, but it applies to all alcoholic and non-alcoholic beverages, so mods, if this thread needs to be moved, I understand.

Coca Cola just lost a legal challenge brought against them by a competitor, POM (producers of pomegranate juice drinks, packs of pomegranate seeds, etc.) for false advertising/product labeling. Apparently, Coca Cola was bottling apple juice (and I assume adding a coloring agent) and labeling and selling it as pomegranate juice. Details of the Supreme Court's decision can be found on the Lehrman Beverage Law website:

http://www.bevlaw.com/bevlog/alcohol-beverages-generally/coke-gets-served-and-pommelled

What I found interesting and relevant were Lehrman's analysis and conclusion that the Court's ruling shows that TTB is only the first line in consumer defense when it comes to truth in product labeling, and that we may see more legal action between beverage competitors, where one will assert that another's false claims provide a competitive advantage. So, will there be more non-TTB policing of product labeling? IMO, I think that the bourbon/whiskey industry spins so many tall tales about their histories that it will either be a long time before we see a lawsuit similar to Coke vs. POM (for fear that every little white lie about the history of a brand/personality/product would just result in suit and counter-suite, ad nauseum). But what do you all think? Will there be legal challenges between established distilleries versus NDPs or "craft" distillers? And what about the potential for knowledgeable consumers of whiskey (i.e., SBers) bringing individual or class-action lawsuits against distilleries regarding false claims and misleading errors of omission on labels?

Link to comment
Share on other sites

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.