UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK
STOKELY-VAN CAMP, INC.,Plaintiff and Counterclaim-Defendant,- against -THE COCA-COLA COMPANY, ET AL.,Defendants and Counterclaim-Plaintiffs.
09 Civ. 3741 (JGK)OPINION AND ORDER
JOHN G. KOELTL, District Judge:
This is a case about an advertising battle between twomajor consumer products companies over one company’s comparisonof its beverage to human sweat. That company advertises itsbeverage by promoting its inclusion of certain electrolytescontained in sweat, and its competitor wants it to stop.In late March 2009, the defendants The Coca-Cola Companyand Energy Brands Inc. (collectively, “Coca-Cola”) launched areformulation of its Powerade sports drink beverage called“Powerade ION4.” Powerade ION4’s main point of differentiationis that it is allegedly more like human sweat than both oldPowerade and plaintiff Stokely-Van Camp’s (“SVC”) flagshipproduct, Gatorade Thirst Quencher, in particular becausePowerade ION4 includes small quantities of calcium andmagnesium, small amounts of which are lost in sweat. On April13, 2009, SVC filed this action against Coca-Cola for false