As if the consumer reponse to a now-scuttled 2009 Tropicana packaging change wasn't bad enough, now it looks like PepsiCo is going to face a lawsuit over the one product line where the new label survived.
That's because the Coca-Cola Co., Inc. has been granted a preliminary trial date in a trade dress infringement case against PepsiCo over the resemblance between low-calorie juice product Trop50 and Coke's own Simply Orange juice line, Bloomberg News is reporting.
While the starkly white Tropicana label was sent back to the drawing board soon after its introduction in late 2008, the company did retain it for the stevia-sweetened Trop50 line. But the company also recently introduced a carafe-style juice bottle for Trop50 — a style that has been the "Simply" line's stock-in-trade for some time.
The judge in the case, U.S. District Court Judge Sim Lake, encouraged the parties to settle and avoid the expense of a trial, Bloomberg reported.