I n Pom Wonderful v. Coca-Cola , Pom first brought a suit in 2008 against Coca-Cola, claiming that Coca-Cola's Pomegranate Blueberry beverage name and label violates the Lanham Act and California's unfair competition laws because it misleads consumers to believe that the beverage consists of primarily pomegranate and blueberry juices when it actually contains mostly apple and grape juices. The district court in California and the Ninth Circuit held that the Food, Drug, and Cosmetic Act (FDCA) precludes Pom's Lanham Act claim due to the Food and Drug Administration's (FDA's) exclusive authority to regulate food labels and the absence of any FDA action against Coca-Cola for this label. The U.S. Supreme Court granted certiorari and in an 8-0 decision held that Pom Wonderful may bring a Lanham Act claim alleging unfair competition from false or misleading product descriptions on food and beverage labels regulated by the FDCA. Pom Wonderful v. Coca-Cola presents several significant legal issues, including the enforcement of the statutory requirements for food and beverage labeling and the complex relationship among the FDCA, the Lanham Act, and the state laws involved in this regulatory scheme. When such an overlap among various statutes occurs, questions regarding the relationship among federal statutes and state laws arise among the different actors involved, such as the federal government, beverage manufacturers, and consumers. This report explores these various legal issues in the context of Pom Wonderful v. Coca-Cola and beverage labeling. The two legal issues before the courts in Pom Wonderful focused on the interaction of federal statutes with both state and federal laws. On remand, the lower courts will have to consider again the issues of preemption, specifically whether the FDCA preempts Pom's California state law claims when the state law provisions are not identical to the federal law. Additionally, the Supreme Court's preclusion analysis in Pom Wonderful adds to the current case law addressing preclusion of Lanham Act claims by the FDCA. However, further litigation may be needed to clarify how the Supreme Court's holding in Pom Wonderful applies to Lanham Act food and beverage claims that are dissimilar to Pom's Lanham Act claim as well as other FDA-regulated products like cosmetics. The report begins with an overview of the statutory and regulatory background of beverage labeling, including affirmative requirements for beverage labels, the FDCA and Lanham Act provisions for misbranding, and the enforcement of these two federal statutes. Next, the report discusses the procedural history of Pom Wonderful v. Coca-Cola and the legal arguments made by both parties. The report then concludes by analyzing legal issues presented in the Pom Wonderful case concerning preemption and preclusion in the context of the U.S. Supreme Court's analysis in its Pom Wonderful decision. Both the FDCA and the Lanham Act impact the content of juice labels, including Coca-Cola's Pomegranate and Blueberry beverage. The following section examines the provisions in these two federal statutes on which the parties and the courts in Pom Wonderful relied for their legal analysis. The section begins with an overview of the FDA requirements for the content of beverage labels. Next, the section discusses the misbranding provisions in both the FDCA and the Lanham Act. The section then concludes by highlighting the different enforcement mechanisms for these two federal statutes. FDA regulations outline several affirmative requirements for juice labels, such as Coca-Cola's Pomegranate Blueberry, reflecting the ingredients, flavors, and production of the beverage. The FDA promulgated these rules to implement the Nutrition Labeling and Education Act of 1990. During the notice and comment period of the rulemaking, FDA noted that a multiple-juice beverage named for a represented flavor would not necessarily be misleading if "consumers [are] given enough accurate information to easily ascertain the nature of the juices represented to be present in a multiple-juice beverage." Unlike other types of labels, such as those for drugs, the FDA does not preapprove juice labels under these regulations. The regulations first distinguish between "juices" and other beverages. Only beverages that are 100% juice may be called juice. Beverages diluted to less than 100% juice must have the word "juice" qualified with another term such as "beverage," "drink," or "cocktail." For example, a beverage containing less than 100% cranberry juice may be labeled "Cranberry Juice Cocktail." If the beverage contains a mixed combination of fruit or vegetable juices, then the name of the beverage must be the name of the juices in descending order of predominance by volume unless the label indicates that the named juice is used as a flavor. For example, "Apple, Pear and Raspberry Juice Drink" or "Raspberry-Flavored Apple and Pear Juice Drink" addresses the differences in volume of the various juices. If the label presents one or more but not all of the juices, then the name must indicate that more juices are present. For example, "Apple Juice Blend" signifies that the beverage contains other juices than the predominant apple. If one or more juices are named (but not all) and the named juice(s) is not the predominant juice, the name of the beverage must either state that the beverage is flavored with the named juice or state the amount of the named juice in a 5% range. If the juice has been modified, then the common name shall include a description of the modification, such as "Acid-reduced Cranberry Juice." If juices in the beverage are made from concentrate, the name must indicate that fact using terms such as "from concentrate" or "reconstituted." Both the FDCA and the Lanham Act prohibit the "misbranding" of food and beverage labels. Under the FDCA, a food is misbranded if the "labeling is false or misleading in any particular." As Congress enacted the FDCA to protect the health and safety of the public, FDCA's misbranding provision protects the consumer from negligent or false labeling that may cause physical harm, by, for example, not disclosing the correct information and preventing the consumer from making the right health choices. At its most basic meaning, courts have interpreted FDCA's misbranding provision to target a label that characterizes the food or beverage to be something other than it is. In the seminal case U.S. v. Ninety-Five Barrels (More or Less) Alleged Apple Cider Vinegar, the Court found the vinegar labeled "Excelsior Brand Apple Cider Vinegar Made from Selected Apples" to be something other than indicated. The vinegar at issue was made from dehydrated apples and not from apple cider "as [is] generally known" for this type of beverage. Therefore, the Court found the product was misbranded due to this misrepresentation of the beverage's production and content. Courts have noted the significance of "or" in the FDCA's misbranding provision ("false or misleading"), signaling that a label of misbranded food may be misleading without it being false and vice versa. Deception from a misbranded food label may arise due to the use of statements that are not technically false or may be literally true. Similarly, statements may be technically accurate, but can still mislead the consumer. To determine whether a label is false or misleading, courts generally look at the ordinary meaning of words and not necessarily the trade or commercial meaning. A misleading label could potentially deceive the "unthinking and credulous" consumer, not necessarily a "reasonable" consumer. However, it is not necessary to show that a consumer was actually misled or deceived or that the intent to deceive was present. The entire label does not need to be deceptive in order to violate FDCA's misbranding prohibition. Food is "misbranded" if it appears that any single representation on the label is false or misleading. In U.S. v. An Article of Food ... "Manischewitz ... Diet Thins," the court found that a label for matzo crackers was misleading as the use of the phrase "Diet-Thins" encourages consumers to assume, incorrectly, that the food would lead to weight loss. The court held that the government did not need to prove that the entire label was misleading, just one section. Moreover, a court may also consider certain segments of the label within the context of the entire label. The court in U.S. v. An Article of Food Consisting of 432 Cartons, More or Less, each Containing 6 Individually Wrapped Candy Lollipops of Various Flavors concluded that although the labeling on the inside of the candy box may be misleading, a jury may find the label not to be misleading when read together with the description of the contents listed on the outside of the carton. While the FDCA focuses on public health, the Lanham Act, also known as the Trademark Act of 1946, seeks to "protect persons engaged in ... commerce against unfair competition." Congress intended the act to protect a business's reputation whose goodwill may be diverted by deceptive advertisements or labels and to encourage consumers to purchase products in confidence by reassuring consumers that a specific mark designates the product that they expect and wish to buy. The Lanham Act's false and misleading advertising provision, Section 43(a), enables those who claim to be damaged by another's false or misleading advertisement to bring suit against this entity and seek civil damages. Courts have broken down Section 43(a) into five main elements.