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False Advertising

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FTC Drops Bomb on Pom: Finds Ads Touting Health Benefits of Pomegranates Unsubstantiated and False

January 2013

Last week, the Federal Trade Commission issued its much-anticipated ruling in the agency’s case against POM

Wonderful. In a unanimous 5-0 decision, the Commission found that Pom’s advertisements touting the amazing health benefits of its pomegranate juice and supplements were false. Finding that Pom’s deceptive advertising was “serious and deliberate,” the Commission issued a 20-year injunction that bars Pom from making disease-treatment or prevention claims for any products, unless supported by “two randomized, well-controlled, human clinical trials.”

But the Commission stopped short of giving FTC prosecutors all of the relief they had requested. In a decision that should give some comfort to food and supplement makers, the Commission ruled that Pom is not required to obtain FDA’s prior approval before making health claims for its products in the future.

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