Ruby red and a whole lot of healthy. Source: Pom Wonderful. POM Wonderful’s claims about the health benefits of its Pomegranate Juice and POMx supplements go a little too far, according to a lawsuit from the Federal Trade Commission. I drink 8oz every morning I am not a breakfast person. Click on the links below if you’d like additional information on similar topics from Schmidt & Clark, LLP: The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in POM Wonderful lawsuits. -year-old cycled about 40 miles a day across Italy during a nine-day bike trip. Ruby red and a whole lot of healthy. Yesterday, Judge Otero in the Central District of California confirmed that preemption under the FDCA has teeth, finding that the FDCA preempts California’s Unfair Competition Law (“UCL”) and False Advertising Law (“FAL”), Cal. The Federal Trade Commission accused … POM Wonderful is on the defensive in another suit that's slowly wending its way to the Supreme Court. LOS ANGELES, June 9 /PRNewswire/ — POM Wonderful and TX-based Fresherized Foods, Inc. announced today a settlement to the lawsuit filed by POM Wonderful … In 2013 FTC commissioners denied the Resnicks’ appeal. The case is Pom Wonderful LLC v. Ocean Spray Cranberries Inc. et al., case number 2:09-cv-00565 , in the U.S. District Court for the Central District of California. Under Pressure, Barlow Changes LDM-100 ‘Antibiotic’ Supplement Ads, Dietary Supplement Companies Guilty in Marketing Unapproved Drugs. In 2010, the U.S. Food & Drug Administration (FDA) sent the company a warning letter alleging that it was making unsubstantiated disease claims. Monday’s decision was the second time that Pom Wonderful appealed to the nation’s highest court. The FTC cease and desist order requires POM’s "future disease treatment and prevention claims to be supported by at least one randomized, well-controlled human clinical trial, and other health benefit claims to be supported by competent and reliable scientific evidence," according to a statement from the FTC. he Court of Appeals for the District of Columbia Circuit also affirmed the FTC's decision. “The outcome of this case makes clear that companies like POM making serious health claims about food and nutritional supplement products must have rigorous scientific evidence to back them up. For over eight years POM has marketed and sold POM Wonderful brand pomegranate (“PWP”) juice as having special health benefits, including the ability to prevent, mitigate and/or treat ailments such as prostate cancer, erectile dysfunction, cardiovascular disease, blood pressure, atherosclerosis, high LDL cholesterol, and other age-related medical conditions. Coca-Cola The Federal Trade Commission accused … Part II of the order prohibits POM and the related parties from misrepresenting the results of scientific studies in their ads. That trial is slated for next year. On January 30, 2015 the D.C. POM Wonderful LLC and Roll Global LLC, In the Matter of . Research suggests that pomegranates arehealthy, full of antioxidants, vitamin K, and potassium. --Editing by Sarah Golin. Ruby red and a whole lot of healthy. On June 12, 2014, the United States Supreme Court overturned a ruling of the Ninth Circuit Court of Appeals and allowed POM Wonderful LLC (‘POM”) to proceed in its deceptive labeling litigation against the Coca-Cola Company (“Coca-Cola”). POM Wonderful LLC, No. also sells Fiji Water, branded pistachios and almonds, and more. Wonderful alleges Fresno County illegally issued construction permits to the Assemis. Pom Wonderful’s lawsuit accuses Coca-Cola of falsely marketing the product to capture pomegranate sales after Pom Wonderful achieved success with their own product. Ben Marcus spends a long and … I also cover beauty and personal care. The Pitch: Higher-Quality Beef At Lower Prices. Coca-Cola had argued that the Wonderful Company didn't have a case and denied its labels were misleading, but the Supreme Court agreed the trail should proceed. Then in 2009, the UK public advocacy group Advertising Standards Authority (ASA) challenged POM, stating that its ‘Cheat Death’ ads were deceptive and misleading. All Rights Reserved, This is a BETA experience. Specifically, Pom Wonderful claimed that Coca-Cola violated provisions of the Lanham Act, a federal law prohibiting false advertising, as well as California's false advertising and unfair competition laws. and it has 4 times the antioxidants as green tea! Glassware Virtuoso Kurt Zalto Has Quietly Released His Masterpiece Wine Glass, n a Forbes Magazine feature published in November. The implications of the Coke/POM Wonderful lawsuit and what it could mean for packaging claims. The food & beverage landscape may undergo significant changes shortly if a lawsuit between POM Wonderful & Coca-Cola is decided in POM’s favour. What if there were a cure-all treatment for high blood pressure, migraines, chronic pain, arthritis, and, oh yeah, fatness? The POM Wonderful logo | (Photo: Twitter/POM Wonderful) The case, brought by the U.S. Federal Trade Commission, brought new information on marketing strategies to light. POM … POM Wonderful LLC makes and sells pomegranate juice products, including a pomegranate-blueberry juice blend. The Supreme Court's decision not to hear the case is a big blow to Stewart and Lynda Resnick, the billionaire couple behind Pom Wonderful. I head up the 30 Under 30 Food and. Bus. Their In 2016 POM was the fastest-growing Super Premium Juice (SPJ) brand, accounting for 38% of the dollar growth in the SPJ category over the past year. "We continue to stand behind our efforts to publicly convey valuable information about the health benefits of POM, as well as the $40 million in peer-reviewed, scientific research we’ve conducted regarding the power of this amazing fresh fruit," he said. POM Wonderful had sued Coca-Cola, which sold pomegranate blueberry juice under the Minute Maid brand, alleging that it shouldn’t be able to market drinks with … The case is Pom Wonderful LLC v. Ocean Spray Cranberries Inc. et al., case number 2:09-cv-00565 , in the U.S. District Court for the Central District of California. The company’s pomegranate juice business is also undergoing significant growth, with sales of leading product POM Wonderful 100% Pomegranate Juice up 25% year-on-year. In its federal lawsuit, Pom Wonderful accused the commission of applying a new standard for deceptive advertising to the food and dietary supplement … Stewart Resnick, who survived prostate cancer several years ago, drinks 8 ounces of POM Wonderful and takes a pomegranate pill every day. I cover all things food and drink as a staff writer at Forbes, from billionaires and ag tech startups to CPG entrepreneurs and wine. A 1946 advertisement for Camel cigarettes claimed that … Pom Wonderful, which alleges Minute Maid’s juice product is misleading to … Jason Chong | May 21, 2014 . ), Response of Federal Trade Commission to Petition for Rehearing en Banc, 13-1060 (124.01 KB) January 30, 2015. Wonderful Company in the POM Wonderful lawsuit against Coca-Cola. B fig.9, at 2. POM wonderful contains 100% pomegranite juice, contains polyphenols which combat unstable molecules that can cause sun damage and fights other free radicals. POM Wonderful Lawsuit Finds Health Benefit Claims Are Misleading. Consumers deserve no less.”. POM Wonderful petitioned the Supreme Court to review the case, but it declined to do so in 2016. [1] POM Wonderful vs. Coca-Cola: A quick primer PRESS RELEASE: Statement of FTC Chairwoman Edith Ramirez Regarding Supreme Court’s Decision Not to Review POM Wonderful Case. May 2, 2016. The Federal Trade Commission upheld an Administrative Law Judge’s decision that the marketers of POM Wonderful 100% Pomegranate Juice and POMx supplements deceptively advertised their products and did not have adequate support for claims that the products could treat, prevent, or reduce the risk of heart disease, prostate cancer, and erectile dysfunction, and that they were Cir. The plaintiff in the case claims that POM Wonderful misled consumers by claiming “special health benefits” about its products “where such products do not, in fact, contain said benefits.” POM is currently facing a number of other similar deceptive marketing class action lawsuits in Florida, Kansas, Missouri and California. It has poured millions of dollars into researching the potential health effects of its 100% pomegranate juice and pills since launching POM Wonderful in 2002. --Editing by Sarah Golin. On February 23, 2010, the U.S. Food and Drug Administration (FDA) informed the company in a warning letter that POM Wonderful was "[promoting] (POM Wonderful 100% Pomegranate Juice) for conditions that cause the product to be a drug". POM … PANTONE has announced its 2021 colors of the year: gray and yellow. I feel like the mornings I drink it I definately have more energy! and it has 4 times the antioxidants as green tea! App. I feel like the mornings I drink it I definately have more energy! In 2013 FTC commissioners denied the Resnicks’ appeal. The color authority believes the two shades express positivity and fortitude. The suit is alleging false advertising, unfair competition and trademark infringement. POM Wonderful LLC v. Coca-Cola Co., 573 U.S. ___, was United States Supreme Court case that held that a statutory private right of action under the Lanham Act is not precluded by regulatory provisions of the Food, Drug, and Cosmetic Act. POM Wonderful, maker of the punchy bordeaux-colored pomegranate beverage, is facing an FTC lawsuit that says it's been lying to consumers about the drink's health benefits. In January, the U.S. Court of Appeals for … In January, the Court of Appeals for the District of Columbia Circuit also affirmed the FTC's decision. The agency also charged a POM Wonderful affiliate, Roll International, in the lawsuit. Discover the polyphenol antioxidant power of POM Wonderful. The Federal Trade Commission (FTC) charged POM Wonderful on Sept. 27, 2010 with deceptive advertising for claiming its pomegranate juice and POMx pills "prevent or … Former Australian prime minister Bob Hawke' widow Blanche d'Alpuget (pictured together in 2013) said she was 'disgusted' by her husband's depiction in The Crown. LOS ANGELES--(BUSINESS WIRE)--POM Wonderful®, the world's largest producer of Wonderful variety pomeg... See more » POM Videos. LOS ANGELES, June 9 /PRNewswire/ — POM Wonderful and TX-based Fresherized Foods, Inc. announced today a settlement to the lawsuit filed by … Pom Wonderful’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. In 2014, the court ruled that it could sue the Coca-Cola Co… The new class action lawsuit, which was filed by plaintiff W Rex Templeton Jr earlier this month in Georgia federal court, accuses POM Wonderful of “knowing and willful deception of Georgia consumers.” The complaint was brought on behalf of all Georgia consumers who purchased POM products from September 2006 to the present. This is not the first time POM has been accused of making overblown statements about its products. The ruling, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia affirmed a January 2014 FTC decision that the marketers of POM Wonderful … In October the Resnicks asked the Supreme Court to take the case. Case Timeline. On Monday, the U.S. Supreme Court declined to review the court ruling that upheld the FTC decision, which found POM and its owners had misled consumers in advertising their products. The new class action lawsuit, which was filed by plaintiff W Rex Templeton Jr earlier this month in Georgia federal court, accuses POM Wonderful of “knowing and willful deception of Georgia consumers.” The complaint was brought on behalf of all Georgia consumers who purchased POM products from September 2006 to the present. POM wonderful contains 100% pomegranite juice, contains polyphenols which combat unstable molecules that can cause sun damage and fights other free radicals. The ruling, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia affirmed a January 2014 FTC decision that the marketers of POM Wonderful … Pom Wonderful, which alleges Minute Maid’s juice product is misleading to consumers, was denied the $77.5 million in claims. The Federal Trade Commission upheld an Administrative Law Judge’s decision that the marketers of POM Wonderful 100% Pomegranate Juice and POMx supplements deceptively advertised their products and did not have adequate support for claims that the products could treat, prevent, or reduce the risk of heart disease, prostate cancer, and erectile dysfunction, and that they were According to the Federal Trade Commission and a decision by a U.S. federal court, the short answer is no. POM Wonderful, the 100% pomegranate juice sold by the billionaires Stewart and Lynda Resnick. 23a. Camels cigarettes. In January 2013, the Federal Trade Commission (FTC) issued its much-anticipated ruling against POM Wonderful (POM), unanimously upholding Administrative Law Judge Michael Chappell’s May 2012 decision that POM lacked adequate substantiation for advertising claims that its products could treat, prevent or reduce the risk of heart disease, prostate cancer and erectile dysfunction. POM Wonderful had sued This Meat Distributor Opened Its First Restaurant Ever During The Pandemic. Specifically, Pom Wonderful claimed that Coca-Cola violated provisions of the Lanham Act, a federal law prohibiting false advertising, as well as California's false advertising and unfair competition laws. & Prof. Code §§ 17200, et seq., 17500, et seq. The Federal Trade Commission (FTC) charged POM Wonderful on Sept. 27, 2010 with deceptive advertising for claiming its pomegranate juice and POMx pills "prevent or … [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. When POM Wonderful decided to sue Coca-Cola, things escalated to the point where the United States Supreme Court had to decide how far civil laws could go, and essentially ruled that companies can sue competitors for misleading advertising, specifically under the Lanham Act. The food & beverage landscape may undergo significant changes shortly if a lawsuit between POM Wonderful & Coca-Cola is decided in POM’s favour. In a July 2006 press release, POM claimed that “drinking 8 ounces of POM Wonderful pomegranate juice daily prolonged post-prostate surgery PSA doubling time from 15 to 54 months,” without noting that some or all of the increase in the patients' PSA doubling times may have resulted from the radical prostatectomies or radiation treatments undergone by the patients.
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