Pom Wonderful LLC v. Purely Juice, Inc.

MEMORANDUM **

This appeal challenges the denial of POM WONDERFUL, LLC (“POM”)’s request for a preliminary injunction enjoining the defendants-appellees Purely Juice, Inc. and Paul Hachigian (“Purely Juice”) from allegedly falsely advertising that them pomegranate juice (made from concentrate) is “100% pomegranate juice” and has “no added sugar or sweeteners.” We affirm.

*746 1. We review the district court’s denial of a preliminary injunction for abuse of discretion. See Nader v. Brewer, 386 F.3d 1168, 1169 (9th Cir.2004). The distinct court did not abuse its discretion in denying a preliminary injunction in this case. The two grounds for that decision— that POM “has not established a likelihood of success on the merits” and that “the balance of hardships tips in the defendants’ favor” — are supported by the record and constitute an adequate and proper basis for the court’s decision.

As the district court pointed out, this case involves novel and difficult questions about the meaning and application of the Food and Drug Administration’s juice labeling regulation, 21 C.F.R. § 101.30 , and the relationship between that regulation and the prohibition of false advertising in…