FTC cease and desist order 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". POM's labeling as a food was also criticized in the letter due to a product claim of being "full of antioxidants called phytochemicals" and having "uniquely high levels of powerful antioxidants". POM is quoted as responding that "all statements made in connection with POM products are true ... and as strong advocates of honest labeling and fair advertising, we are looking forward to working with the agency to resolve this matter." On May 22, 2012, Chief
Administrative Law Judge Michael Chappell ruled after a hearing that the company's claims were deceptive and issued a cease and desist order effective for 20 years.The greater weight of the persuasive expert testimony demonstrates that there is insufficient competent and reliable scientific evidence to substantiate claims that the Pom products treat, prevent or reduce the risk of erectile dysfunction or that they are clinically proven to do so. In January 2015,
The U.S. Court of Appeals for the D.C. Circuit upheld most of the FTC's 2010 order. The appellate court said that many of POM's ads "mischaracterized the scientific evidence concerning the health benefits of Pom's products with regard to those diseases." In May 2016, the FTC and a U.S. federal court decided that POM cannot make health claims in its advertising, and the
U.S. Supreme Court declined POM's request to review the court ruling that upheld the FTC decision. FTC Chairwoman
Edith Ramirez agreed with the Supreme Court's decision by stating: "I am pleased that the POM Wonderful case has been brought to a successful conclusion. 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." The lawsuit claimed that the name of the product called Minute Maid Pomegranate Blueberry Flavored Blend of five juices was misleading because it contained 0.3% pomegranate juice and 99.4% apple juice. The case went to the U.S. Supreme Court, which decided in June 2014 that a lawsuit for false advertising claims could be pursued against Coca-Cola, saying "Competitors may bring
Lanham Act claims like POM's challenging food and beverage labels regulated by the
FDCA." Legal analysts anticipate several more years of litigation on issues not argued in the Supreme Court, such as cause and magnitude of financial or brand injury to POM Wonderful resulting from the Minute Maid product. ==
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