), Response of Federal Trade Commission to Petition for Rehearing en Banc, 13-1060 (124.01 KB) January 30, 2015. In 2013 FTC commissioners denied the Resnicks’ appeal. Unlike drugs, which could have a harmful impact and should be studied with multiple human clinical trials, there is no evidence that pomegranate juice is potentially harmful. In its federal lawsuit, Pom Wonderful accused the commission of applying a new standard for deceptive advertising to the food and dietary supplement … POM Juice exaggerated the health benefits of drinking their juice, a court has ruled. I also cover beauty and personal care. In a Forbes Magazine feature published in November, Stewart told Forbes how he hasn’t had a cold in a decade. I cover all things food and drink as a staff writer at Forbes, from billionaires and ag tech startups to CPG entrepreneurs and wine. Pom Wonderful, which alleges Minute Maid’s juice product is misleading to … POM Wonderful is on the defensive in another suit that's slowly wending its way to the Supreme Court. On January 30, 2015 the D.C. One of POM’s competitors is the Coca-Cola Company. 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. Last summer, the You may be entitled to compensation by filing a suit against POM Wonderful and we can help. Id. 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. The FTC case comes less than two weeks after POM Wonderful won a … Circuit issued a decision in POM Wonderful, LLC v. FTC, no. See all articles » … In 2005 and 2006, the U.S. National Advertising Division of the Council of Better Business Bureaus (NAD) argued that the company could not substantiate its claims. POM Wonderful is on the defensive in another suit that's slowly wending its way to the Supreme Court. 9. 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. Camels cigarettes. Templeton’s lawsuit is also claiming unjust enrichment, due to the fact that the company profited from its alleged “misrepresentations and false statements,” adding: “It would be inequitable for Defendants to retain the monies received from Georgia consumers as a result of Defendants’ unfair, deceptive, and misleading business practices.”. 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 … 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. POM Wonderful petitioned the Supreme Court to review the case, but it declined to do so in 2016. 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. , which sold pomegranate blueberry juice under the Minute Maid brand, alleging that it shouldn’t be able to market drinks with just 0.3% of actual pomegranate juice. POM Wonderful, the 100% pomegranate juice sold by the billionaires Stewart and Lynda Resnick. The color authority believes the two shades express positivity and fortitude. May 4, 2015. POM Wonderful LLC and Roll Global LLC, In the Matter of . 9344, Final Order at 2 (U.S. Fed. The POM Wonderful Company has been ordered to stop making health claims in absence of "competent and reliable scientific evidence," according to … The lawsuit challenged the name, labeling, marketing, and advertising of Coca-Cola's product. POM Wonderful had sued Glassware Virtuoso Kurt Zalto Has Quietly Released His Masterpiece Wine Glass, n a Forbes Magazine feature published in November. POM Wonderful LLC makes and sells pomegranate juice products, including a pomegranate-blueberry juice blend. 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. The POM Wonderful group claimed that its pomegranate juice helped with prostate cancer, erectile dysfunction and heart disease. Forbes estimates that Stewart and Lynda are worth a combined $4.2 billion. After touring the company's high-tech pistachio and almond … The Assemi family has sold pistachios to Wonderful for years, but now it's poised to become a competitor. believe the lawsuit against POM Wonderful was excessive. Read story here.] In its defense, POM stated that it has spent millions on research to substantiate the claims it makes about its juices and other products. ), Response of Federal Trade Commission to Petition for Rehearing en Banc, 13-1060 (124.01 KB) January 30, 2015. “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. POM … I drink 8oz every morning I am not a breakfast person. Then in 2009, the UK public advocacy group Advertising Standards Authority (ASA) challenged POM, stating that its ‘Cheat Death’ ads were deceptive and misleading. 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. [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. On January 30, 2015 the D.C. 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. Discover the polyphenol antioxidant power of POM Wonderful. FTC Chairwoman Edith Ramirez lauded the Supreme Court's decision in a statement issued on Monday. 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 The Supreme Court did side with the Resnicks in a separate case also involving POM Wonderful in 2014. & Prof. Code §§ 17200, et seq., 17500, et seq. 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". You may opt-out by, The Business of What We Eat and How It's Made. 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. Bus. Pom Wonderful’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. 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. Pom Wonderful, makers of pomegranate juice, filed a lawsuit against the FTC, claiming the agency's new regulations squashed its first-amendment rights. [1] POM Wonderful vs. Coca-Cola: A quick primer and it has 4 times the antioxidants as green tea! Consumers deserve no less.”. Cir. The implications of the Coke/POM Wonderful lawsuit and what it could mean for packaging claims. A 1946 advertisement for Camel cigarettes claimed that … “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. drinks 8 ounces of POM Wonderful and takes a pomegranate pill every day. Source: Pom Wonderful. The Federal Trade Commission accused … PRESS RELEASE: Statement of FTC Chairwoman Edith Ramirez Regarding Supreme Court’s Decision Not to Review POM Wonderful Case. Stewart Resnick, who survived prostate cancer several years ago, drinks 8 ounces of POM Wonderful and takes a pomegranate pill every day. The slightly longer answer, as decreed by the FTC is this: The company that makes POM cannot state such claims in advertising. and it has 4 times the antioxidants as green tea! Part II of the order prohibits POM and the related parties from misrepresenting the results of scientific studies in their ads. “I am pleased that the POM Wonderful case has been brought to a successful conclusion,” Ramirez said. In 2014, the court ruled that it could sue the Coca-Cola Co… Bus. Read story here.] Justice Kennedy delivered the opinion of the Court. The suit is alleging false advertising, unfair competition and trademark infringement. In its federal lawsuit, Pom Wonderful accused the commission of applying a new standard for deceptive advertising to the food and dietary supplement … Free POM Wonderful Lawsuit Evaluation: If you or a loved one suffered an injury you believe may have been caused by POM Wonderful, you should contact our law firm immediately. --Editing by Sarah Golin. [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. February 22, 2012 – The largest producer of California Wonderful pomegranates has come under fire yet again for allegedly making false and misleading claims about the health benefits of its products in a new class action lawsuit. LOS ANGELES--(BUSINESS WIRE)--POM Wonderful®, the world's largest producer of Wonderful variety pomeg... See more » POM Videos. Research suggests that pomegranates arehealthy, full of antioxidants, vitamin K, and potassium. 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. 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. I head up the 30 Under 30 Food and Drink list, as well as Forbes' 25 Most Innovative Ag Tech Startups list. & Prof. Code §§ 17200, et seq., 17500, et seq. In January, the U.S. Court of Appeals for … in the POM Wonderful lawsuit against Coca-Cola. I cover all things food and drink as a staff writer at Forbes, from billionaires and ag tech startups to CPG entrepreneurs and wine. Discover the polyphenol antioxidant power of POM Wonderful. 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 Their The food & beverage landscape may undergo significant changes shortly if a lawsuit between POM Wonderful & Coca-Cola is decided in POM’s favour. Home » Dangerous Drugs » POM Sued Over Deceptive Marketing Claims. --Editing by Sarah Golin. May 2, 2016. POM Wonderful v. FTC (D.C. PRESS RELEASE: Statement of FTC Chairwoman Edith Ramirez Regarding Supreme Court’s Decision Not to Review POM Wonderful Case. POM wonderful contains 100% pomegranite juice, contains polyphenols which combat unstable molecules that can cause sun damage and fights other free radicals. My reporting has brought me to In-N-Out Burger's secret test kitchen, had me trekking through drought-ridden farms in California's Central Valley and even sent me to a chocolate factory designed like a castle in Northern France. B fig.9, at 2. That trial is slated for next year. 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. "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 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. The FTC case comes less than two weeks after POM Wonderful won a … More so than the virus, PCR is the beating heart of the hoax. 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. “I am pleased that the POM Wonderful case has been brought to a successful conclusion,” Ramirez said. 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. Circuit issued a decision in POM Wonderful, LLC v. FTC, no. 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. In October the Resnicks asked the Supreme Court to take the case. The Federal Trade Commission accused … According to the Federal Trade Commission and a decision by a U.S. federal court, the short answer is no. Monday’s decision was the second time that Pom Wonderful appealed to the nation’s highest court. Case Timeline. The implications of the Coke/POM Wonderful lawsuit and what it could mean for packaging claims. The lawsuit claims this misleading marketing campaign has become so deceptive that in February 2010 the FDA labeled PWP … 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. Send tips to csorvino@forbes.com. 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. 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 Federal Trade Commission (FTC) charged POM Wonderful on Sept. 27, 2010 with deceptive advertising for claiming its pomegranate juice and POMx pills "prevent or … POM … What if there were a cure-all treatment for high blood pressure, migraines, chronic pain, arthritis, and, oh yeah, fatness? PANTONE has announced its 2021 colors of the year: gray and yellow. © 2020 Forbes Media LLC. -year-old cycled about 40 miles a day across Italy during a nine-day bike trip. 77 Ruby red and a whole lot of healthy. In January, the Court of Appeals for the District of Columbia Circuit also affirmed the FTC's decision. 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 lawsuit accuses Coca-Cola of falsely marketing the product to capture pomegranate sales after Pom Wonderful achieved success with their own product. 23a. Cir. The lawsuit says Wonderful described the bonus as a “discretionary” payment due only to growers who committed to delivering pistachios the following … I feel like the mornings I drink it I definately have more energy! All Rights Reserved. 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. The agency also charged a POM Wonderful affiliate, Roll International, in the lawsuit. The Pitch: Higher-Quality Beef At Lower Prices. 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. I feel like the mornings I drink it I definately have more energy! Ruby red and a whole lot of healthy. POM wonderful contains 100% pomegranite juice, contains polyphenols which combat unstable molecules that can cause sun damage and fights other free radicals. 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. Coca-Cola The agency also charged a POM Wonderful affiliate, Roll International, in the lawsuit. Free POM Wonderful Lawsuit Evaluation: If you or a loved one has suffered an injury you feel may have been caused by POM Wonderful, you should contact our law firm immediately. 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 … Copyright © 2020 Schmidt & Clark, LLP. [1] POM Wonderful vs. Coca-Cola: A quick primer Consumers deserve no less.”, EY & Citi On The Importance Of Resilience And Innovation, How Digital Workflows Helped Save Basketball During The Pandemic, Impact 50: Investors Seeking Profit — And Pushing For Change, Michigan Economic Development Corporation With Forbes Insights, Farmers Are Getting Help With Assistance From The Wounded Warrior Project, This Christmas Is A Great Time To Celebrate With A Tree, Customers Can Now Order Burger King For Pickup Or Delivery Directly Through Google, COVID-19 Cooking Craze Increases Trial Of Premium Priced Foods, Psilocybin Could Be The Next Star In Functional Food After Cannabis As Public Interest Heats Up. Can pomegranate juice POM Wonderful and POMx supplements treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction? also sells Fiji Water, branded pistachios and almonds, and more. In 2012 a federal judge agreed that some of the ads were misleading. 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”). The U.S. Supreme Court on Thursday sided with juice maker Pom Wonderful in its long-running false advertising dispute with Coca Cola, a decision that could open the door to more litigation against food makers for deceptive labeling. 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. Ben Marcus spends a long and … 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. in the POM Wonderful lawsuit against Coca-Cola. Jason Chong | May 21, 2014 . This is not the first time POM has been accused of making overblown statements about its products. I gravitate towards the intersection of food and mass manufacturing. We are handling individual litigation nationwide and currently accepting new POM Wonderful injury cases in all 50 states. Wonderful Company 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. Pom Wonderful, which alleges Minute Maid’s juice product is misleading to consumers, was denied the $77.5 million in claims. Jason Chong | May 21, 2014 . 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 suit is alleging false advertising, unfair competition and trademark infringement. I head up the 30 Under 30 Food and. 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