In 2010, the U.S. Food & Drug Administration (FDA) sent the company a warning letter alleging that it was making unsubstantiated disease claims. 9344, Final Order at 2 (U.S. Fed. Monday’s decision was the second time that Pom Wonderful appealed to the nation’s highest court. The agency also charged a POM Wonderful affiliate, Roll International, in the lawsuit. Last summer, the Pom Wonderful’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. 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. You may be entitled to compensation by filing a suit against POM Wonderful and we can help. Copyright © 2020 Schmidt & Clark, LLP. 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. 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. All Rights Reserved, This is a BETA experience. 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. App. [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. Cir. The implications of the Coke/POM Wonderful lawsuit and what it could mean for packaging claims. Petitioner POM Wonderful LLC, which produces, markets, and sells, inter alia, a pomegranate-blueberry juice blend, filed a Lanham Act suit against respondent Coca-Cola Company, alleging that the name, label, marketing, and advertising of one of Coca-Cola’s juice blends mislead consumers into believing the product consists predominantly of pomegranate and blueberry juice when it in fact consists … May 2, 2016. You may opt-out by, The Business of What We Eat and How It's Made. also sells Fiji Water, branded pistachios and almonds, and more. 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 … 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. In its federal lawsuit, Pom Wonderful accused the commission of applying a new standard for deceptive advertising to the food and dietary supplement … See all articles » … 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. That trial is slated for next year. 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.”. App. The lawsuit challenged the name, labeling, marketing, and advertising of Coca-Cola's product. The Federal Trade Commission accused … [1] POM Wonderful vs. Coca-Cola: A quick primer PANTONE has announced its 2021 colors of the year: gray and yellow. 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. What if there were a cure-all treatment for high blood pressure, migraines, chronic pain, arthritis, and, oh yeah, fatness? LOS ANGELES--(BUSINESS WIRE)--POM Wonderful®, the world's largest producer of Wonderful variety pomeg... See more » POM Videos. 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. You may be entitled to compensation by filing a POM Wonderful injury suit and we can help. The lawsuit claims this misleading marketing campaign has become so deceptive that in February 2010 the FDA labeled PWP … 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. 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. The food & beverage landscape may undergo significant changes shortly if a lawsuit between POM Wonderful & Coca-Cola is decided in POM’s favour. 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 … 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. May 2, 2016. “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. FTC Chairwoman Edith Ramirez lauded the Supreme Court's decision in a statement issued on Monday. The POM Wonderful Company has been ordered to stop making health claims in absence of "competent and reliable scientific evidence," according to … Consumers deserve no less.”. 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. In January, the U.S. Court of Appeals for … POM Wonderful petitioned the Supreme Court to review the case, but it declined to do so in 2016. & Prof. Code §§ 17200, et seq., 17500, et seq. Source: Pom Wonderful. This Meat Distributor Opened Its First Restaurant Ever During The Pandemic. May 4, 2015. POM Wonderful 100% Pomegranate Juice I love this! In 2013 FTC commissioners denied the Resnicks’ appeal. I head up the 30 Under 30 Food and Drink list, as well as Forbes' 25 Most Innovative Ag Tech Startups list. Ruby red and a whole lot of healthy. Circuit issued a decision in POM Wonderful, LLC v. FTC, no. I gravitate towards the intersection of food and mass manufacturing. One of POM’s competitors is the Coca-Cola Company. Ben Marcus spends a long and … Trade Comm'n Jan. 10, 2013) (FTC Final Order). "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’s lawsuit accuses Coca-Cola of falsely marketing the product to capture pomegranate sales after Pom Wonderful achieved success with their own product. 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. I feel like the mornings I drink it I definately have more energy! More so than the virus, PCR is the beating heart of the hoax. Stewart Resnick, who survived prostate cancer several years ago, drinks 8 ounces of POM Wonderful and takes a pomegranate pill every day. The Assemi family has sold pistachios to Wonderful for years, but now it's poised to become a competitor. 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 … 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. In a Forbes Magazine feature published in November, Stewart told Forbes how he hasn’t had a cold in a decade. 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 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. ), Response of Federal Trade Commission to Petition for Rehearing en Banc, 13-1060 (124.01 KB) January 30, 2015. POM Wonderful had sued POM … In its federal lawsuit, Pom Wonderful accused the commission of applying a new standard for deceptive advertising to the food and dietary supplement … Pom Wonderful claimed its fruit juice helped reduce the risk of medical issues such as heart disease, prostate cancer, and erectile dysfunction. Discover the polyphenol antioxidant power of POM Wonderful. We are handling individual litigation nationwide and currently accepting new POM Wonderful injury cases in all 50 states. The lawsuit challenged the name, labeling, marketing, and advertising of Coca-Cola's product. 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 … 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. Jason Chong | May 21, 2014 . Their POM Wonderful, the 100% pomegranate juice sold by the billionaires Stewart and Lynda Resnick. 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". Bus. Then in 2009, the UK public advocacy group Advertising Standards Authority (ASA) challenged POM, stating that its ‘Cheat Death’ ads were deceptive and misleading. © 2020 Forbes Media LLC. According to the Federal Trade Commission and a decision by a U.S. federal court, the short answer is no. Jason Chong | May 21, 2014 . Pom Wonderful, which alleges Minute Maid’s juice product is misleading to … 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 … 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 Read story here.] “I am pleased that the POM Wonderful case has been brought to a successful conclusion,” Ramirez said. 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’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. Under Pressure, Barlow Changes LDM-100 ‘Antibiotic’ Supplement Ads, Dietary Supplement Companies Guilty in Marketing Unapproved Drugs. 9. PRESS RELEASE: Statement of FTC Chairwoman Edith Ramirez Regarding Supreme Court’s Decision Not to Review POM Wonderful Case. Coca-Cola POM Wonderful Lawsuit Finds Health Benefit Claims Are Misleading. All Rights Reserved. May 4, 2015. In 2012 a federal judge agreed that some of the ads were misleading. B fig.9, at 2. 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. LOS ANGELES, June 9 /PRNewswire/ — POM Wonderful and TX-based Fresherized Foods, Inc. announced today a settlement to the lawsuit filed by … In 2014, the court ruled that it could sue the Coca-Cola Co… I cover all things food and drink as a staff writer at Forbes, from billionaires and ag tech startups to CPG entrepreneurs and wine. 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. The agency also charged a POM Wonderful affiliate, Roll International, in the lawsuit. Camels cigarettes. I drink 8oz every morning I am not a breakfast person. in the POM Wonderful lawsuit against Coca-Cola. 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. Circuit issued a decision in POM Wonderful, LLC v. FTC, no. Can pomegranate juice POM Wonderful and POMx supplements treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction? Pom Wonderful, which alleges Minute Maid’s juice product is misleading to consumers, was denied the $77.5 million in claims. --Editing by Sarah Golin. 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. Bus. After touring the company's high-tech pistachio and almond … Id. On January 30, 2015 the D.C. Part II of the order prohibits POM and the related parties from misrepresenting the results of scientific studies in their ads. 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. 23a. 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. Wonderful Company 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. See all articles » … On January 30, 2015 the D.C. POM Wonderful v. FTC (D.C. The Pitch: Higher-Quality Beef At Lower Prices. Case Timeline. In its defense, POM stated that it has spent millions on research to substantiate the claims it makes about its juices and other products. I feel like the mornings I drink it I definately have more energy! The FTC case comes less than two weeks after POM Wonderful won a … 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. The implications of the Coke/POM Wonderful lawsuit and what it could mean for packaging claims. 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. , a Court has ruled cause sun damage and fights other free radicals 13-1060 ( 124.01 KB January! Results of scientific studies in their ads Wonderful alleges Fresno County illegally issued construction permits to nation! A POM Wonderful, LLC v. FTC, no you may opt-out by, Business! 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