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Coca-Cola Co. v. Tropicana Products, Inc.
United States Court of Appeals for the Second Circuit
690 F.2d 312 (2d Cir. 1982)
Coca-Cola Co. (plaintiff) and Tropicana Products, Inc. (Tropicana) (defendant) were the two leading competitors in orange-juice market. Tropicana ran a commercial featuring the athlete Bruce Jenner, in which Jenner squeezed fresh juice from an orange directly into a Tropicana carton. Jenner stated that Tropicana was “the only leading brand not made with concentrate and water.” The commercial also described Tropicana’s product as “pasteurized juice as it comes from the orange.” Coca-Cola sued Tropicana under the Lanham Act, arguing that the commercial was false advertising. Coca-Cola claimed that the commercial falsely represented Tropicana’s juice to be fresh-squeezed, when, in fact, Tropicana’s juice was pasteurized and frozen. Coca-Cola provided a consumer-reaction study indicating that some consumers were misled by Tropicana’s advertisement. Coca-Cola appealed the district court’s denial of a preliminary injunction.
Rule of Law
Holding and Reasoning (Cardamone, J.)
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