In its defense, POM stated that it has spent millions on research to substantiate the claims it makes about its juices and other products. All Rights Reserved, This is a BETA experience. 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 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. 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. LOS ANGELES, June 9 /PRNewswire/ — POM Wonderful and TX-based Fresherized Foods, Inc. announced today a settlement to the lawsuit filed by … Pom Wonderful claimed its fruit juice helped reduce the risk of medical issues such as heart disease, prostate cancer, and erectile dysfunction. Pom Wonderful’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. May 4, 2015. in the POM Wonderful lawsuit against Coca-Cola. Coca-Cola 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. © 2020 Forbes Media LLC. LOS ANGELES, June 9 /PRNewswire/ — POM Wonderful and TX-based Fresherized Foods, Inc. announced today a settlement to the lawsuit filed by POM Wonderful … POM Wonderful 100% Pomegranate Juice I love this! 9. [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. in the POM Wonderful lawsuit against Coca-Cola. The Federal Trade Commission accused … The slightly longer answer, as decreed by the FTC is this: The company that makes POM cannot state such claims in advertising. 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 … I gravitate towards the intersection of food and mass manufacturing. 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 suit against POM Wonderful and we can help. 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. -year-old cycled about 40 miles a day across Italy during a nine-day bike trip. POM Wonderful had sued 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’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. Source: Pom Wonderful. 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. 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. 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. I head up the 30 Under 30 Food and. 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. 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. Stewart Resnick, who survived prostate cancer several years ago, drinks 8 ounces of POM Wonderful and takes a pomegranate pill every day. POM … The POM Wonderful Company has been ordered to stop making health claims in absence of "competent and reliable scientific evidence," according to … One of POM’s competitors is the Coca-Cola Company. The lawsuit says Wonderful described the bonus as a “discretionary” payment due only to growers who committed to delivering pistachios the following … Discover the polyphenol antioxidant power of POM Wonderful. 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. Read story here.] POM Wonderful v. FTC (D.C. ), 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. Trade Comm'n Jan. 10, 2013) (FTC Final Order). The Federal Trade Commission accused … PANTONE has announced its 2021 colors of the year: gray and yellow. FTC Chairwoman Edith Ramirez lauded the Supreme Court's decision in a statement issued on Monday. The food & beverage landscape may undergo significant changes shortly if a lawsuit between POM Wonderful & Coca-Cola is decided in POM’s favour. Forbes estimates that Stewart and Lynda are worth a combined $4.2 billion. The agency also charged a POM Wonderful affiliate, Roll International, in the lawsuit. 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’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. LOS ANGELES--(BUSINESS WIRE)--POM Wonderful®, the world's largest producer of Wonderful variety pomeg... See more » POM Videos. In a Forbes Magazine feature published in November, Stewart told Forbes how he hasn’t had a cold in a decade. The implications of the Coke/POM Wonderful lawsuit and what it could mean for packaging claims. POM Wonderful Lawsuit Finds Health Benefit Claims Are Misleading. In 2013 FTC commissioners denied the Resnicks’ appeal. In 2013 FTC commissioners denied the Resnicks’ appeal. 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. “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. 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. ), Response of Federal Trade Commission to Petition for Rehearing en Banc, 13-1060 (124.01 KB) January 30, 2015. POM Wonderful LLC, No. 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. Consumers deserve no less.”. --Editing by Sarah Golin. The food & beverage landscape may undergo significant changes shortly if a lawsuit between POM Wonderful & Coca-Cola is decided in POM’s favour. Their & Prof. Code §§ 17200, et seq., 17500, et seq. Bus. Monday’s decision was the second time that Pom Wonderful appealed to the nation’s highest 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. 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 … Stewart told Forbes in the fall that the company was expecting to soon release positive results from human trials. Ruby red and a whole lot of healthy. In 2014, the court ruled that it could sue the Coca-Cola Co… According to the Federal Trade Commission and a decision by a U.S. federal court, the short answer is no. also sells Fiji Water, branded pistachios and almonds, and more. and it has 4 times the antioxidants as green tea! 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. In 2012 a federal judge agreed that some of the ads were misleading. 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. A 1946 advertisement for Camel cigarettes claimed that … 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 drink 8oz every morning I am not a breakfast person. 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 … That trial is slated for next year. Photo... [+] Credit: POM WONDERFUL/Newscom. POM Wonderful v. FTC (D.C. Justice Kennedy delivered the opinion of the Court. 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 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. I also cover beauty and personal care. Id. The lawsuit challenged the name, labeling, marketing, and advertising of Coca-Cola's product. "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. The POM Wonderful group claimed that its pomegranate juice helped with prostate cancer, erectile dysfunction and heart disease. Camels cigarettes. Send tips to csorvino@forbes.com. The color authority believes the two shades express positivity and fortitude. 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. Under Pressure, Barlow Changes LDM-100 ‘Antibiotic’ Supplement Ads, Dietary Supplement Companies Guilty in Marketing Unapproved Drugs. On January 30, 2015 the D.C. See all articles » … 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 PRESS RELEASE: Statement of FTC Chairwoman Edith Ramirez Regarding Supreme Court’s Decision Not to Review POM Wonderful Case. Cir. The implications of the Coke/POM Wonderful lawsuit and what it could mean for packaging claims. [1] POM Wonderful vs. Coca-Cola: A quick primer The suit is alleging false advertising, unfair competition and trademark infringement. 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. Can pomegranate juice POM Wonderful and POMx supplements treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction? Copyright © 2020 Schmidt & Clark, LLP. [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. In 2010, the U.S. Food & Drug Administration (FDA) sent the company a warning letter alleging that it was making unsubstantiated disease claims. 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. Last summer, the 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. 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. Cir. More so than the virus, PCR is the beating heart of the hoax. And almonds, and more fall that the Company was expecting to soon RELEASE positive results human. 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