Case : Its Not the Real Thing

1)Describe the concern that POM Wonderful has with the Coca-Cola product. If this claim of misleading labeling proves to be false, would Coca-Colas conduct still be unethical?

(2)What is the defense of unclean hands ? Describe the basis of Coca-Colas unclean hands defense against POM Wonderful. When an unclean hands defense is successful, then any judgment against 20 the defendant is typically reduced or eliminated. What do you think is the legal principle behind the unclean hands defense?

(3)This is not the first time that POM Wonderful has brought the same allegation of deceptive labeling against a competitor. In a number of the previous cases, California juries found that the competitor labels were not misleading, and the defendants prevailed. In another case, the defendant company was found liable. Additionally, POM has itself been cited by the FTC for false and misleading advertising claims/labels. Some analysts have suggested that POM brings these suits to antagonize competing food and beverage industry manufacturers and distract from its own transgressions. If true, is this a viable strategy to promote the company?

(4)Imagine that POM Wonderful sues small and startup companies for mislabeling, even though the company knows that it will likely lose the case. Why do you think POM would adopt such a strategy? Is the strategy ethical?

(5)In March 2016, a jury found that POM Wonderful did not prove by a preponderance of the evidence that the label on Coca-Colas juice product misled a substantial portion of consumers. Instead of engaging in litigation with competitors or making unsubstantiated claims about its own products, what is a legal and ethical strategy that POM Wonderful can apply to compete against other juice products on the market?