Facts

In 2002, Pom Wonderful LLC began selling its pomegranate-based products throughout the United States, and became the largest grower and distributor of pomegranates and pomegranate juice in the nation. Later, Purely Juice Inc. marketed its beverage as consisting of 100 percent pomegranate juice with "no added sugars or sweeteners." Pom Wonderful sued Purely Juice and its owner, Paul Hachigian, for false advertising and unfair competition.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Purely Juice's beverage actually contained inferior sugars and fruits other than pomegranate. The plaintiff claimed that the defendant conducted false advertising, which allowed it to charge less for its product and unfairly misled customers away from Pom Wonderful's pomegranate juice. Further, plaintiff alleged that defendant's misleading statements damaged Pom Wonderful's reputation and good will.

Damages

Pom Wonderful sought damages of $1,192,905 for lost profits, and $305,137 in defendant's profits.

Result

The court awarded the plaintiff $1,498,042 plus fees and costs in the amount of $622,756.

Other Information

The case is now before the Ninth Circuit Court of Appeals. FILING DATE: April 20, 2007.