Juicy Suit: POM Advertising Deceptive According to the FTC

September 30, 2010

The Federal Trade Commission (FTC) announced an administrative suit against POM Wonderful and its principals on Monday for deceptive advertising. The context of the suit is explained below by a representative of the FTC’s Bureau of Consumer protection (as cited from the Federal Information & News Dispatch, Inc. article linked here):

“Any consumer who sees POM Wonderful products as a silver bullet against disease has been misled,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “When a company touts scientific research in its advertising, the research must squarely support the claims made. Contrary to POM Wonderful’s advertising, the available scientific information does not prove that POM Juice or POMx effectively treats or prevents these illnesses.

As the Wall Street Journal and New York Times articles point out, POM Wonderful knew this was coming and filed a pre-emptive suit earlier this month (see docket 1:10CV01539).

If you are interested in the likely procedural and substantive storyline for this case or for anything related to the FTC, I suggest taking a look at the Federal Trade Commission treatise (FEDTRCOMM) on WestlawNext and Westlaw. Also, the following example searches yielded related topical administrative decisions concerning scientific information used in health product advertising:

WestlawNext:

deceptive health product claims in advertising using science Federal Trade Commission (FTC)

Westlaw:

Database: FATR-FTC

DECEP! /P HEALTH /S CLAIM ADVERTIS! /S SCIEN! (26 Docs

Other helpful FTC & Deceptive Advertising Material include:

Consumer Protection and the Law (CONPROT)

Corporate Counsels Guide to Advertising Law and Agreements (ADVLAWA)