Coca-Cola In 2013 FTC commissioners denied the Resnicks’ appeal. 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. The Federal Trade Commission accused … in the POM Wonderful lawsuit against Coca-Cola. The suit is alleging false advertising, unfair competition and trademark infringement. The color authority believes the two shades express positivity and fortitude. The FTC case comes less than two weeks after POM Wonderful won a … I feel like the mornings I drink it I definately have more energy! See all articles » … believe the lawsuit against POM Wonderful was excessive. It seems Pom Wonderful is not as wonderful as the name, or the company's ads, suggest. I head up the 30 Under 30 Food and. Stewart told Forbes in the fall that the company was expecting to soon release positive results from human trials. 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. 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. Read story here.] POM Wonderful petitioned the Supreme Court to review the case, but it declined to do so in 2016. After touring the company's high-tech pistachio and almond … That trial is slated for next year. In 2014, the court ruled that it could sue the Coca-Cola Co… May 4, 2015. & Prof. Code §§ 17200, et seq., 17500, et seq. The FTC case comes less than two weeks after POM Wonderful won a … Ruby red and a whole lot of healthy. I feel like the mornings I drink it I definately have more energy! Photo... [+] Credit: POM WONDERFUL/Newscom. Glassware Virtuoso Kurt Zalto Has Quietly Released His Masterpiece Wine Glass, n a Forbes Magazine feature published in November. 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. ), Response of Federal Trade Commission to Petition for Rehearing en Banc, 13-1060 (124.01 KB) January 30, 2015. “I am pleased that the POM Wonderful case has been brought to a successful conclusion,” Ramirez said. Under Pressure, Barlow Changes LDM-100 ‘Antibiotic’ Supplement Ads, Dietary Supplement Companies Guilty in Marketing Unapproved Drugs. Stewart Resnick, who survived prostate cancer several years ago, drinks 8 ounces of POM Wonderful and takes a pomegranate pill every day. May 2, 2016. The Pitch: Higher-Quality Beef At Lower Prices. PRESS RELEASE: Statement of FTC Chairwoman Edith Ramirez Regarding Supreme Court’s Decision Not to Review POM Wonderful Case. also sells Fiji Water, branded pistachios and almonds, and more. Last summer, the POM Wonderful Lawsuit Finds Health Benefit Claims Are Misleading. POM Wonderful LLC, No. 23a. App. 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". 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. I cover all things food and drink as a staff writer at Forbes, from billionaires and ag tech startups to CPG entrepreneurs and wine. 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. In January, the U.S. Court of Appeals for … “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. The Supreme Court did side with the Resnicks in a separate case also involving POM Wonderful in 2014. On January 30, 2015 the D.C. , 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. 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. 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. The POM Wonderful Company has been ordered to stop making health claims in absence of "competent and reliable scientific evidence," according to … The agency also charged a POM Wonderful affiliate, Roll International, in the lawsuit. Forbes estimates that Stewart and Lynda are worth a combined $4.2 billion. POM Wonderful LLC makes and sells pomegranate juice products, including a pomegranate-blueberry juice blend. On January 30, 2015 the D.C. and it has 4 times the antioxidants as green tea! In its defense, POM stated that it has spent millions on research to substantiate the claims it makes about its juices and other products. What if there were a cure-all treatment for high blood pressure, migraines, chronic pain, arthritis, and, oh yeah, fatness? [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. 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. 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 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. Circuit issued a decision in POM Wonderful, LLC v. FTC, no. --Editing by Sarah Golin. Jason Chong | May 21, 2014 . LOS ANGELES--(BUSINESS WIRE)--POM Wonderful®, the world's largest producer of Wonderful variety pomeg... See more » POM Videos. I drink 8oz every morning I am not a breakfast person. Discover the polyphenol antioxidant power of POM Wonderful. ), Response of Federal Trade Commission to Petition for Rehearing en Banc, 13-1060 (124.01 KB) January 30, 2015. See all articles » … drinks 8 ounces of POM Wonderful and takes a pomegranate pill every day. In 2012 a federal judge agreed that some of the ads were misleading. Read story here.] I drink 8oz every morning I am not a breakfast person. 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.”. POM Wonderful is on the defensive in another suit that's slowly wending its way to the Supreme Court. 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. 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. 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. In 2016 POM was the fastest-growing Super Premium Juice (SPJ) brand, accounting for 38% of the dollar growth in the SPJ category over the past year. POM Wonderful had sued In January, the Court of Appeals for the District of Columbia Circuit also affirmed the FTC's decision. Trade Comm'n Jan. 10, 2013) (FTC Final Order). Pom Wonderful, which alleges Minute Maid’s juice product is misleading to consumers, was denied the $77.5 million in claims. In a Forbes Magazine feature published in November, Stewart told Forbes how he hasn’t had a cold in a decade. -year-old cycled about 40 miles a day across Italy during a nine-day bike trip. Ruby red and a whole lot of healthy. Pom Wonderful claimed its fruit juice helped reduce the risk of medical issues such as heart disease, prostate cancer, and erectile dysfunction. 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. [1] POM Wonderful vs. Coca-Cola: A quick primer Pom Wonderful, makers of pomegranate juice, filed a lawsuit against the FTC, claiming the agency's new regulations squashed its first-amendment rights. 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. 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”). PRESS RELEASE: Statement of FTC Chairwoman Edith Ramirez Regarding Supreme Court’s Decision Not to Review POM Wonderful Case. Bus. Circuit issued a decision in POM Wonderful, LLC v. FTC, no. The slightly longer answer, as decreed by the FTC is this: The company that makes POM cannot state such claims in advertising. 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. More so than the virus, PCR is the beating heart of the hoax. 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 … 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. In its federal lawsuit, Pom Wonderful accused the commission of applying a new standard for deceptive advertising to the food and dietary supplement … 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. Wonderful Company In 2010, the U.S. Food & Drug Administration (FDA) sent the company a warning letter alleging that it was making unsubstantiated disease claims. Source: Pom Wonderful. The implications of the Coke/POM Wonderful lawsuit and what it could mean for packaging claims. POM wonderful contains 100% pomegranite juice, contains polyphenols which combat unstable molecules that can cause sun damage and fights other free radicals. 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. Ruby red and a whole lot of healthy. Pom Wonderful’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. POM Wonderful v. FTC (D.C. B fig.9, at 2. 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 … 9344, Final Order at 2 (U.S. Fed. LOS ANGELES, June 9 /PRNewswire/ — POM Wonderful and TX-based Fresherized Foods, Inc. announced today a settlement to the lawsuit filed by POM Wonderful … Research suggests that pomegranates arehealthy, full of antioxidants, vitamin K, and potassium. The lawsuit challenged the name, labeling, marketing, and advertising of Coca-Cola's product. POM … 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. "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. 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. I head up the 30 Under 30 Food and Drink list, as well as Forbes' 25 Most Innovative Ag Tech Startups list. The food & beverage landscape may undergo significant changes shortly if a lawsuit between POM Wonderful & Coca-Cola is decided in POM’s favour. Copyright © 2020 Schmidt & Clark, LLP. Then in 2009, the UK public advocacy group Advertising Standards Authority (ASA) challenged POM, stating that its ‘Cheat Death’ ads were deceptive and misleading. Id. The food & beverage landscape may undergo significant changes shortly if a lawsuit between POM Wonderful & Coca-Cola is decided in POM’s favour. he Court of Appeals for the District of Columbia Circuit also affirmed the FTC's decision. Pom Wonderful’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. May 4, 2015. LOS ANGELES--(BUSINESS WIRE)--POM Wonderful®, the world's largest producer of Wonderful variety pomeg... See more » POM Videos. 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 … Consumers deserve no less.”. 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 2012 a federal judge agreed that some of the ads were misleading. [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. This is not the first time POM has been accused of making overblown statements about its products. POM Juice exaggerated the health benefits of drinking their juice, a court has ruled. 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. Pom Wonderful, which alleges Minute Maid’s juice product is misleading to … 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. This Meat Distributor Opened Its First Restaurant Ever During The Pandemic. POM Wonderful v. FTC (D.C. 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. According to the Federal Trade Commission and a decision by a U.S. federal court, the short answer is no. POM Wonderful, the 100% pomegranate juice sold by the billionaires Stewart and Lynda Resnick. The POM Wonderful group claimed that its pomegranate juice helped with prostate cancer, erectile dysfunction and heart disease. --Editing by Sarah Golin. 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. and it has 4 times the antioxidants as green tea! A 1946 advertisement for Camel cigarettes claimed that … POM … I also cover beauty and personal care. The implications of the Coke/POM Wonderful lawsuit and what it could mean for packaging claims. Case Timeline. 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 … Jason Chong | May 21, 2014 . 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. POM Wonderful 100% Pomegranate Juice I love this! Can pomegranate juice POM Wonderful and POMx supplements treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction? The suit is alleging false advertising, unfair competition and trademark infringement. 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. Steven Clark, vice president of corporate communications for The Wonderful Company, said in a statement Monday afternoon that POM Wonderful is committed to "honest, transparent communication with consumers everywhere," pointing to the fact that the FTC questioned just 36 of the company's about 600 ads. Monday’s decision was the second time that Pom Wonderful appealed to the nation’s highest court. 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. PANTONE has announced its 2021 colors of the year: gray and yellow. “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 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. Case Timeline. LOS ANGELES, June 9 /PRNewswire/ — POM Wonderful and TX-based Fresherized Foods, Inc. announced today a settlement to the lawsuit filed by … All Rights Reserved. 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 In January 2013, the Federal Trade Commission (FTC) issued its much-anticipated ruling against POM Wonderful (POM), unanimously upholding Administrative Law Judge Michael Chappell’s May 2012 decision that POM lacked adequate substantiation for advertising claims that its products could treat, prevent or reduce the risk of heart disease, prostate cancer and erectile dysfunction. You may opt-out by, The Business of What We Eat and How It's Made. The lawsuit claims this misleading marketing campaign has become so deceptive that in February 2010 the FDA labeled PWP … The lawsuit says Wonderful described the bonus as a “discretionary” payment due only to growers who committed to delivering pistachios the following … Cir. POM wonderful contains 100% pomegranite juice, contains polyphenols which combat unstable molecules that can cause sun damage and fights other free radicals. In 2013 FTC commissioners denied the Resnicks’ appeal. POM Wonderful is on the defensive in another suit that's slowly wending its way to the Supreme Court. © 2020 Forbes Media LLC. 77 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. You may be entitled to compensation by filing a suit against POM Wonderful and we can help. The lawsuit challenged the name, labeling, marketing, and advertising of Coca-Cola's product. POM … We are handling individual litigation nationwide and currently accepting new POM Wonderful injury cases in all 50 states. In October the Resnicks asked the Supreme Court to take the case. I gravitate towards the intersection of food and mass manufacturing. in the POM Wonderful lawsuit against Coca-Cola. 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. FTC Chairwoman Edith Ramirez lauded the Supreme Court's decision in a statement issued on Monday. Discover the polyphenol antioxidant power of POM Wonderful. Camels cigarettes. All Rights Reserved, This is a BETA experience. Their 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. 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. Home » Dangerous Drugs » POM Sued Over Deceptive Marketing Claims. Ben Marcus spends a long and … Bus. I cover all things food and drink as a staff writer at Forbes, from billionaires and ag tech startups to CPG entrepreneurs and wine. May 2, 2016. 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. POM Wonderful LLC and Roll Global LLC, In the Matter of . You may be entitled to compensation by filing a POM Wonderful injury suit and we can help. In its federal lawsuit, Pom Wonderful accused the commission of applying a new standard for deceptive advertising to the food and dietary supplement … Cir. Part II of the order prohibits POM and the related parties from misrepresenting the results of scientific studies in their ads. [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. Send tips to csorvino@forbes.com. 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. POM Wonderful LLC and Roll Global LLC, In the Matter of . Discover the polyphenol antioxidant power of POM Wonderful. 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. Wonderful alleges Fresno County illegally issued construction permits to the Assemis. Antioxidants as green tea helped with prostate cancer several years ago, drinks 8 ounces of POM contains... A pomegranate-blueberry juice blend Wonderful LLC makes and sells pomegranate juice I love this en. The Assemis Company also sells Fiji Water, branded pistachios and almonds, and more Wonderful in.! Llc and Roll Global LLC, in the lawsuit challenged the name, labeling,,... % pomegranate juice products, including a pomegranate-blueberry juice blend 's slowly wending way! 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