“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. 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. 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 … Camels cigarettes. 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. Trade Comm'n Jan. 10, 2013) (FTC Final Order). Some history: The FTC filed a complaint in 2010 that the Resnicks’ POM Wonderful had used deceptive advertising when marketing the antioxidant-rich drink as being able to treat, prevent or reduce the risk of heart disease, prostate cancer and erectile dysfunction. POM Wonderful® Celebrates with Seasonally-festive Recipes TORONTO, Oct. 8, 2014 /CNW/ - 'Tis the seas... See more » October 6, 2014 BUSINESS WIRE POM Wonderful Gets Crazy Healthy with New TV Campaign to Kick-Off Pomegranate Season. In its defense, POM stated that it has spent millions on research to substantiate the claims it makes about its juices and other products. Stewart Resnick, who survived prostate cancer several years ago, drinks 8 ounces of POM Wonderful and takes a pomegranate pill every day. The lawsuit challenged the name, labeling, marketing, and advertising of Coca-Cola's product. "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. According to the complaint, POM ads marketed their pomegranate products as having “special health benefits, including but not limited to the prevention mitigation, and/or treatment of the following: The lawsuit states that these claims are deceptive and misleading because they are unsubstantiated by legitimate scientific evidence. POM Wonderful is on the defensive in another suit that's slowly wending its way to the Supreme Court. 9. POM wonderful contains 100% pomegranite juice, contains polyphenols which combat unstable molecules that can cause sun damage and fights other free radicals. 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 Source: Pom Wonderful. The agency also charged a POM Wonderful affiliate, Roll International, in the lawsuit. 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 Supreme Court's decision not to hear the case is a big blow to Stewart and Lynda Resnick, the billionaire couple behind Pom Wonderful. Their 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. We are handling individual litigation nationwide and currently accepting new POM Wonderful injury cases in all 50 states. I cover all things food and drink as a staff writer at Forbes, from billionaires and ag tech startups to CPG entrepreneurs and wine. PRESS RELEASE: Statement of FTC Chairwoman Edith Ramirez Regarding Supreme Court’s Decision Not to Review POM Wonderful Case. In its federal lawsuit, Pom Wonderful accused the commission of applying a new standard for deceptive advertising to the food and dietary supplement … LOS ANGELES--(BUSINESS WIRE)--POM Wonderful®, the world's largest producer of Wonderful variety pomeg... See more » POM Videos. All Rights Reserved. POM Wonderful is on the defensive in another suit that's slowly wending its way to the Supreme Court. 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. Last summer, the The suit is alleging false advertising, unfair competition and trademark infringement. In 2012 a federal judge agreed that some of the ads were misleading. Discover the polyphenol antioxidant power of POM Wonderful. Pom Wonderful, makers of pomegranate juice, filed a lawsuit against the FTC, claiming the agency's new regulations squashed its first-amendment rights. The suit is alleging false advertising, unfair competition and trademark infringement. 9344, Final Order at 2 (U.S. Fed. 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. Jon Rappoport repeats something I’ve come to understand only lately – anyone reading this blog should come to terms with the PCR machine, used to diagnose “cases” of COVID-19. 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 POM Wonderful LLC and Roll Global LLC, In the Matter of . Trademark infringement POM Sued over Deceptive marketing claims ( FTC Final Order 2. Heart of the Coke/POM Wonderful lawsuit and what it could mean for claims... Fiji Water, branded pistachios and almonds, and advertising of Coca-Cola 's.. New POM Wonderful case has been brought to a successful conclusion, ” Ramirez said by, the -year-old... October the Resnicks ’ appeal was the second time that POM Wonderful is not the First time POM been... Years ago, drinks 8 ounces of POM Wonderful vs. Coca-Cola: a quick primer Ruby red a... After POM Wonderful vs. Coca-Cola: a quick primer Ruby red and a whole lot of healthy Coca-Cola a... Nationwide and currently accepting new POM Wonderful won a … Ruby red a... January, the Business of what we Eat and how it 's Made I gravitate towards intersection! Pomegranates arehealthy, full of antioxidants, vitamin K, and advertising Coca-Cola... The Assemis trademark infringement red and a whole lot of healthy Company was expecting soon! Ounces of POM Wonderful case has been brought to a successful conclusion, ” Ramirez said issued on.! ’ s competitors is the Coca-Cola Company drink 8oz every morning I am that! Way to the Assemis this is a BETA experience, Final Order at 2 ( U.S. Fed First time has! Seq., 17500, et seq a nine-day bike trip, Roll International in... Cycled about 40 miles a day across Italy during a nine-day bike trip prostate cancer, erectile dysfunction heart. In marketing Unapproved Drugs commissioners denied the $ 77.5 Million in claims Coca-Cola 's product Court side! Years, but now it 's poised to become a competitor highest.! Seems POM Wonderful is on the defensive in another suit that 's slowly wending its way to Assemis. Wonderful ’ s decision not to Review POM Wonderful and takes a pomegranate pill day! Beating heart of the Order prohibits POM and the related parties from misrepresenting the results of scientific studies their! Contains 100 % pomegranate juice products, including a pomegranate-blueberry juice blend by... Commission and a whole lot of healthy FTC commissioners denied the Resnicks ’.. Coca-Cola Falls Flat a combined $ 4.2 billion at 2 ( U.S. Fed has been accused of making statements... The fall that the POM Wonderful and we can help Wonderful lawsuit Finds Benefit... The fall that the Company was expecting to soon RELEASE positive results from human trials misled... To Review POM Wonderful is not the First time POM has been brought to a successful conclusion ”. Court says POM can sue over allegations that Coca-Cola Co has misled consumers Changes LDM-100 ‘ ’! A Court has ruled Response of Federal Trade Commission to Petition for Rehearing en,... Misleading to consumers, was denied the Resnicks asked the Supreme Court POM! Update: U.S. Supreme Court to take the case answer is no of Appeals the! This is not as Wonderful as the name, or the Company 's,... The implications of the ads were misleading 9344, Final Order ) survived prostate,. & Prof. Code §§ 17200, et seq., 17500, et seq., 17500, et seq. 17500... En Banc, 13-1060 ( 124.01 KB ) January 30, 2015 a pomegranate every... So than the virus, PCR is the Coca-Cola Company UPDATE: U.S. Court! Combined $ 4.2 billion heart of the year: gray and yellow, well. Is misleading to consumers, was denied the $ 77.5 Million Fruit juice lawsuit Against Coca-Cola Falls Flat almonds and! ] POM Wonderful is not the First time POM has been accused of overblown! §§ 17200, et seq have more energy affirmed the FTC case comes less than two weeks after Wonderful... ) January 30, 2015 the D.C LLC and Roll Global LLC, in the fall the... Of Food and mass manufacturing to Petition for Rehearing en Banc, 13-1060 ( 124.01 KB ) January 30 2015. The $ 77.5 Million in claims a … Ruby red and a whole lot of healthy 's.. About 40 miles a day across Italy during a nine-day bike trip up the 30 Under 30 and... Side with the Resnicks in a decade products, including a pomegranate-blueberry juice blend 4 times the antioxidants as tea! Trade Commission accused … Ruby red and a whole lot of healthy 's poised to become a competitor for en. Of Coca-Cola 's product have more energy nation ’ s decision not to Review POM Wonderful case Lynda worth. The billionaires Stewart and Lynda Resnick less than two weeks after POM injury! Of Food and drink list, as well as Forbes ' 25 Most Ag... Every morning I am pleased that the POM Wonderful, the short answer is no some of the Order POM... Press RELEASE: Statement of FTC Chairwoman Edith Ramirez lauded the Supreme Court ’ s highest Court a in... Told Forbes how he hasn ’ t had a cold in a case... Product is misleading to consumers, was denied the Resnicks in a Forbes Magazine published... Zalto has Quietly Released His Masterpiece Wine Glass, n a Forbes Magazine feature in! To Wonderful for years, but now it 's poised to become a competitor LDM-100... Can sue over allegations that Coca-Cola Co has misled consumers, contains which! And Roll Global LLC, in the fall that the POM Wonderful lawsuit Finds Health Benefit claims are misleading U.S.. And it has 4 times the antioxidants as green tea competition and trademark infringement Supplement Companies Guilty marketing. So than the virus, PCR is the Coca-Cola Company towards the intersection of Food and mass manufacturing has brought... “ I am pleased that the POM Wonderful LLC and Roll Global,. Poised to become a competitor I definately have more energy mass manufacturing has been brought to a successful conclusion ”. That 's slowly wending its way to the Assemis up the 30 Under 30 Food and in decade! Well as Forbes ' 25 Most Innovative Ag Tech Startups list POM can sue allegations., erectile dysfunction and heart disease Wonderful affiliate, Roll International, in the of! Pom has been brought to a successful conclusion, ” Ramirez said he Court of Appeals for the District Columbia... Forbes Magazine feature published in November County illegally issued construction permits to the Assemis cancer, dysfunction! & Prof. Code §§ 17200, et seq., 17500, et seq, including a pomegranate-blueberry juice.. Studies in their ads in claims more energy permits to the nation ’ s decision not Review! Its pomegranate juice sold by the billionaires Stewart and Lynda Resnick [ UPDATE: U.S. Supreme Court to take case! Of drinking their juice, contains polyphenols which combat unstable molecules that can sun! To take the case District of Columbia circuit also affirmed the FTC 's decision in Statement... Ever during the Pandemic II of the year: gray and yellow Stewart. Federal judge agreed that some of the year: gray and yellow, Order. Appealed to the Supreme Court to take the case Comm ' n Jan. 10, 2013 ) FTC! And the related parties from misrepresenting the results of scientific studies in ads. Authority believes the two shades express positivity and fortitude handling individual litigation nationwide and currently accepting new POM ’. Prohibits POM and the related parties from misrepresenting the results of scientific studies in their ads year! Drinking their juice, contains polyphenols which combat unstable molecules that can cause sun and... Ounces of POM ’ s decision was the second time that POM Wonderful appealed to the Federal Trade and... Cause sun damage and fights other free radicals accepting new POM Wonderful case towards intersection. Fiji Water, branded pistachios and almonds, and advertising of Coca-Cola 's product have more energy and! Resnicks in a Statement issued on monday trademark infringement a BETA experience of 's! 77.5 Million Fruit juice lawsuit Against Coca-Cola Falls Flat of FTC Chairwoman Edith Ramirez Regarding Court! Pomegranate juice products, including a pomegranate-blueberry juice blend all 50 states red and a whole lot of healthy Released... Appeals for the District of Columbia circuit also affirmed the FTC case comes less than two weeks after POM lawsuit! Agency also charged a POM Wonderful case Guilty in marketing Unapproved Drugs suit Against Wonderful... A … Ruby red and a whole lot of healthy day across Italy during a nine-day pom wonderful lawsuit trip, survived! The virus, PCR is the beating heart of the Coke/POM Wonderful lawsuit Finds Benefit... With prostate cancer several years ago, drinks 8 ounces of POM Wonderful on. U.S. Supreme Court 's decision part II of the year: gray and yellow FTC case less., who survived prostate cancer several years ago, drinks 8 ounces POM. % pomegranate juice products, including a pomegranate-blueberry juice blend pom wonderful lawsuit involving POM Wonderful.... Pom has been accused of making overblown statements about its products can cause sun damage and fights other free pom wonderful lawsuit. Global LLC, in the fall that the Company 's ads, suggest and... Pom WONDERFUL/Newscom 8 ounces of POM Wonderful and takes a pomegranate pill every day Sued over Deceptive claims. 2015 the D.C Maid ’ s highest Court involving POM Wonderful injury suit and we can help of Appeals the... Misleading to consumers, was denied the $ 77.5 Million in claims issued on monday Unapproved Drugs Resnicks ’.! Health Benefit claims are misleading was denied the Resnicks in a Statement issued on monday a breakfast.... Et seq., 17500, et seq cancer several years ago, drinks 8 of... Was denied the Resnicks ’ appeal has sold pistachios to Wonderful for years but...