POM To Appeal FTC Deceptive Ads Ruling
The Federal Trade Commission has upheld an administrative law judge’s decision that the marketers of POM Wonderful 100% Pomegranate Juice and POMx supplements deceptively advertised their products.
The commission’s opinion found that the marketers’ claims that the products could prevent or treat heart disease, prostate cancer and erectile dysfunction were unsubstantiated. It found that deceptive claims were made in 36 ads and promotions, whereas the May 2012 ruling by chief administrative law Judge D. Michael Chappell found such claims in only 19 ads.
The products are part of the Roll Global holding company owned by Stewart and Lynda Resnick, who had appealed that 2012 ruling.
The FTC issued a final order barring the products from making any claim that a food, drug, or dietary supplement is “effective in the diagnosis, cure, mitigation, treatment, or prevention of any disease” unless the claim is supported by two randomized, well-controlled, human clinical trials. The Order also prohibits misrepresentations regarding any test, study or research, and requires competent and reliable scientific evidence to support claims about the “health benefits, performance, or efficacy” of any food, drug or dietary supplement.
In a statement responding to the FTC's final-order ruling, POM Wonderful LLC said that it "categorically rejects the FTC’s assertion that our advertisements made any misleading disease treatment or other health claims."
The company intends toappeal the decision in the U.S. Circuit Court of Appeals, testing the FDA's new standard
regarding "reliable, scientific" evidence behind food/beverage claims.
"With this ruling, the FTC is taking the unprecedented step of holding food companies like POM Wonderful to the same
standards as pharmaceuticals," POM stated. "Their new legal standard would require food companies to conduct double-blind, placebo-controlled studies in order to talk about potential health benefits
of fruits and vegetables...Consumers will be denied access to emerging science on the potential health benefits of fruits and vegetables. This would be a giant step backward in the campaign to get
Americans to eat healthier."
Recent Marketing Daily Articles
-
Fat Tire 'Pairs Well With People' May 24, 12:49 a.m.
New Belgium Brewing, the nation’s third-largest craft brewer, is launching a campaign including the company’s second-ever ... -
Mobile Important For Hispanic Shoppers May 23, 5:10 p.m.
Marketers looking to capture more of the growing Hispanic market in the U.S. would do well ... -
CoreBrand: Brand Favorability Low May 23, 4:33 p.m.
Brand consultancy CoreBrand says awareness isn't everything. Awareness is up across the board for the top ... -
Ford Launches European Campaign May 23, 1:36 p.m.
Ford of Europe is backing the 2013 UEFA Champions League Final football match and launching a ... -
Study: Social Media Driving CSR May 23, 11:32 a.m.
With tax evasion and third-world factory collapses dominating headlines, a new study on the role of ... -
Mondelez Goes Social, AR In Band-Tour Sponsorship May 23, 8:14 a.m.
In two firsts for the company, Mondelez International is using a fan as a social media ... -
Beer Category Grows Most In Brand Rankings May 23, 12:40 a.m.
Beer was the highest growth category in this year’s BrandZ rankings -- up 36% year-over-year, according ... -
Saks Soars; Target Misses May 22, 6:10 p.m.
It’s a buzzy week for retailers. While mass chains such as Target and Lowe’s say the ... -
Cricket Makes More From Less May 22, 4 p.m.
Prepaid wireless carrier Cricket Communications is taking direct aim at customers of the larger, post-paid companies ... -
Seattle's Best Promos New Drive-Thru Format May 22, 3:43 p.m.
Seattle’s Best Coffee has simultaneously opened 10 “drive-thrus” in the Dallas/Fort Worth area. This marks the ...
Be the first to comment on "POM To Appeal FTC Deceptive Ads Ruling"
Leave a Comment