In June of this year, POM Wonderful won "a round in a food fight with Coca-Cola" in the case about how a fruit juice blend is labeled. It's a case of commercial speech, to which John Oliver opined that "in Coke's defense, they only mislead us about what was in their juice. For years, POM Wonderful has mislead us about what is in pomegranates". Generally speaking, as long as the labeling isn't incorrect or harmful, it can make bold claims, to a point. For instance, you can't claim your cereal could improve kids' attentiveness and memory when it doesn't. Whatever you do, you shouldn't add new labeling to existing, even if it is to clarify that the product sucks less, or is asbestos-free. [more inside]
Your ‘Craft’ Rye Whiskey Is Probably From a Factory Distillery in Indiana. The Daily Beast covers the phenomenon of a large list of whiskey brands serving only as bottlers, purchasing their spirits from a "hulking factory in Indiana". Thirdhand hattip to blogger SKU for leading the charge on this. [more inside]
Every year, one of the founders of Panic, makers of fantastic Mac software, ventures forth to the dueling fireworks tents in Vancouver, WA to capture the very best/worst of fireworks packaging. The 2014 offering is now available. [more inside]
POM Wonderful may not be so wonderful, but that might not be so surprising, given the history of Stewart and Lynda Resnick. The couple are involved with much more than pomegranate juice: they own Fiji Water, pesticide manufacturer Suterra, Paramount Agribusiness (source of citris, well-known pistachios and other nuts), and former owners of the Franklin Mint. This round with the Resnicks started in February 2010, with a warning from the FDA, which lead to a confusing bit of restraining order requested, then soon after requested to be withdrawn (with fears of pushing the First Amendment too far). That phase is past, but POM Wonderful is now stating they believe "very strongly in its first amendment rights to communicate the promising results," results which look similar to placebos taken by control subjects. The FTC is not impressed.
Nestle, the makers of Poland Spring water are being sued for selling their bottled water as "naturally purified" or "spring water" when in fact it does not meet the scientific criteria for spring water, is worse than some area tap water, and is sourced near "asphalt parking lots or other areas of dangerous contamination".