by Marion Nestle

Currently browsing posts about: Supreme court

Apr 23 2014

POM v. Coca-Cola at the Supreme Court: The Mind Boggles

You might think that the Supreme Court of the United States would have more important things to do than to weigh in on which of two beverage companies puts less misleading labels on its products, but apparently not.

The highest court in the land takes POM Wonderful’s accusation against Coca-Cola seriously.  Coke’s Minute Maid juice, POM says, is advertised in ways that mislead the public.

POM should know.   It’s been under fire from the Federal Trade Commission for equally absurd label claims.

Here’s the Coca-Cola product at issue.

And here’s what the label says, in case you can’t read it (with emphasis added):

Enhanced Juice/Minute Maid/100% Fruit Juice Blend

Omega-3/DHA/HELP NOURISH YOUR BRAIN

5 Nutrients to Support Brain and Body

Pomegranate  Blueberry Flavored Blend of 5 Juices

From concentrate with added ingredients and other natural flavors

Never mind the nutritional quality or the ridiculous structure/function claims on this particular product (here’s Fooducate’s analysis from 2009—it has 29 grams of sugars, among other things).

POM doesn’t want Coke getting away with selling cheap grape and apple juices as pomengranate juice and undercutting their prices.  Coke’s drink is 99% apple and grape juice; it contains less than 1% pomegranate or blueberry juice.  You would never know that from looking at the label.

Why is the court interested?  The Minute Maid label is legal by FDA standards.  Therefore, can the label be considered misleading?

Coca-Cola won in the lower court, but the Supreme Court seems sympathetic to POM (here’s the transcript of the hearing).

The New York Times account has the best quotes:

Kathleen M. Sullivan, a lawyer for Coca-Cola, said consumers were not misled.

“We don’t think that consumers are quite as unintelligent as Pom must think they are,” she said. “They know when something is a flavored blend of five juices and the nonpredominant juices are just a flavor.”

Justice Kennedy frowned. “Don’t make me feel bad,” he said, “because I thought that this was pomegranate juice.”

It also quotes from Justice Alito:

You don’t think there are a lot of people who buy pomegranate juice because they think it has health benefits, and they would be very surprised to find when they bring home this bottle that’s got a big picture of a pomegranate on it, and it says ‘pomegranate’ on it, that it is — what is it — less than one half of 1 percent pomegranate juice?”

Where is the FDA on all this?  Blame its inaction on the Dietary Supplement Health and Education Act of 1994, which allowed ridiculous health claims on food labels and forced the FDA to keep hands off.

This outcome of this case, silly as it is, will be fun to watch.

Jun 29 2012

Supreme Court ACA ruling: implications for food politics

The Supreme Court ruling that the Affordable Care Act (ACA) is indeed constitutional means that Americans will now have greater access to health care as well as to services to help prevent disease.

The American Public Health Association summarizes the benefits: 

  • 31 million Americans are projected to gain health coverage by 2019
  • 54 million U.S. families have additional benefits, including greater access to preventive health care services
  • 2.5 million young adults up to age 26 are able to stay on their parents’ health insurance plans;
  • nearly 18 million children with pre-existing conditions are protected from insurance coverage denials;
  • seniors can access preventive services

Let’s add menu labeling to the list.  The ACA takes menu labeling national.  The FDA proposed the rules for this process more than a year ago, with no further action.

The Supreme Court says go for it. 

FDA: No more excuses.  Get busy!

Feb 1 2010

The Supreme Court and food politics: update

I commented earlier on the Supreme Court’s decision to allow unlimited corporate spending on election campaigns on the grounds of free speech.  If a picture is indeed worth a thousand words, try this (I wish I knew its source):

Update February 2: Thanks for Dan M. for posting this site as the source: “The Future in History.”

Jan 22 2010

The Supreme Court and food politics

What is likely to be the effect of yesterday’s Supreme Court decision on food politics?  Nothing good.

The decision to overturn limits on corporate campaign contributions will affect every aspect of society, food included.  I have long argued that campaign contributions are one of two major sources of corruption in government (the other is the way Wall Street requires corporations to report growth every 90 days).

If we want our congressional representatives to make decisions in the public interest, their election campaigns must be publicly funded.  When corporations fund campaigns, representatives make decisions in the corporate interest.   It’s that simple.

Those of us who care about creating a good, clean, fair, and sustainable food system will have to work harder now.  But I can’t think of any more important work to do to protect our democratic institutions.

Addition: here’s my interview with Helena Bottemiller of Food Safety News on the topic.