POM Juice Lawsuit: Company’s Claims are Deceptive

    May 22, 2012
    WebProNews Staff
    Comments are off for this post.

POM juice lawsuit, which is aimed at beverage manufacturer POM Wonderful LLC, states that the company misled consumers by making unsubstantiated claims regarding their product’s usefulness in the treatment of cancer, heart disease, and erectile dysfunction. Although POM Wonderful feels that they are being held to the same standards as pharmaceutical companies, a judge feels that aren’t being entirely truthful in their marketing.

D. Michael Chappell, chief administrative law judge for the US Federal Trade Commission, has ruled that the company misrepresented the benefits of their product in recent ad campaigns. By doing so, POM Wonderful is in violation of federal law. Their punishment: Stop making outrageous health claims they can’t back up with scientific research.

FTC Bureau of Consumer Protection director David C. Vladeck was happy with the ruling, stating, “I am pleased that Judge Chappell found that all respondents including [POM Wonderful co-founders] Mr. and Mrs. Resnick violated the Federal Trade Commission Act by deceptively advertising that the POM products treat, prevent, or reduce the risk of heart disease, prostate cancer, and erectile dysfunction and has entered an order against them.”

However, the company will not have to have future marketing campaigns pre-approved by the Federal Trade Commission, which is why POM Wonderful is pleased with the verdict.

Craig Cooper, chief legal officer for the company, expressed their happiness with the outcome. “[The lawsuit] tried to create a new, stricter industry standard, similar to that required for pharmaceuticals, for marketing the health benefits inherent in safe food and natural food-based products. While we are still analyzing the ruling, it is clear that we will be able to continue to promote the health benefits of our safe, food products without having our advertisements, marketing or public relations efforts preapproved.”

Are you unfamiliar with the beverage, yet you can’t help but wonder where you’ve heard the company’s name before? They were one of the official sponsors of documentary filmmaker Morgan Spurlock’s endeavor “POM Wonderful Presents: The Greatest Movie Ever Sold”, a motion picture about product placement.

  • R. Holiman

    I’ve had prostate cancer and I take POM pomegranit supplements.

    There have been some interesting studies done on pomegranite use and the affects on PSA doubling rates in reoccurences (and if you have had prostate cancer, or known someone who has, you know what a big deal that can be). It sure doesn’t hurt anything to take it, is my feeling. It doesn’t have to be a sure thing for me to try and get every edge I can.

  • Craig

    I find it hilarious that in America you can’t stretch a claim for a product even the slightest without getting the mountain pulled down on you BUT outright lying in political ads(for any party)? Not touched, not fact checked even in the slightest.
    America has some of the weirdest hypocritical reversals in the world.

    • Kim

      Like your country is any better, who’s the hypocrit?

      • tommy

        Kim I understand your anger. Nobody likes to hear the faults of their own country. Still, with presidents like Bush and Obama, it’s kind of hard to not agree with the guy. They’re both a bunch of lying war mongers. Yes, Obama is a war monger.

  • Ian, Russ

    Of course they are deceptive. Do people really expect massively produced product that is barely can be considered a juice to be healthy?

    • Dana

      Actually, it is a 100% pomegrantate juice.

  • Suzanne

    I wonder when someone will file a law suit against the FDA for allowing pink slime into our meats and allowing Pepsi and Coke companies to use a cancer causing carcinogen agent in their drinks. The carmel colouring had carcinogens in it and was used up until this year. The FDA finally told Pepsi and Coke that unless they wanted to print a warning label on every can and bottle stating that the carmel colouring could cause cancer then they had to change the way they made their product. Easy as that. So why didnt they do that in the first place? The FDA is suppose to regulate our food and drug. They are suppose to inform us of any unhealthy sources. So why did it take them this long to inform us of pink slime and cancer causing drinks? I think the FDA should be held accountable for any wrong doing. Buisnesses are going to try and cut as many corners as possible to save money. So if they are let to do so, thats how we end up with this junk called food. And all the recalls on medications that at one time are suppose to help you but then you see a commercial that says, “If you or a loved one has taken this drug and suffered (whatever ailments they list) or even died. Then call this number. You could be compensated.” The FDA need to quit allowing buisnesses to poison our food, drink and medication.

    • Will

      Yes but they don’t make idiotic claims like better health, cancer preventative, or making one’s dick hard. So there is a difference.

      • JoeThePimpernel

        Aspartame is a whole lot worse than any caramel coloring.

  • Anacreon

    Isn’t all adverising, by its very nature, deceptive?

    • John Smith

      No, not at all. The NATURE of advertising is to make people aware of your product, not to deceive. Sure, a lot of advertising is deceptive, but that doesn’t mean that is the nature of advertising.

  • AppleEye

    I did have cancer and survived it, did drink lots of fresh juices and some POM juice. Took lots of supplements. I feel it did help me. But the advertising on this page makes no claim about prevention of cancer or heart disease if you drink the product, so the judge must have based his ruling on OTHER ads not seen on this page.

  • SteFDA

    Well, just figured out POM MUST be awesome! Gonna go out a drink a whole lot of this stuff that’s for sure! If the FDA actually tries to “protect” the consumer by stepping in to stop these “False” claims well then right there is all I need to see that IT MUST BE TRUE! POM FIGHTS CANCER!!! Hooray! Thank You POM!
    now I think I’ll go watch that 13 year old girl dancing with her dad to Lady Gaga.

    • http://shine.yahoo.com/author-blog-posts/father-daughter-dance-hit-222800635.html SteFDA

      It’s really cool. Check it out.

  • http://www.woodduckebooks.com Lynn

    Could not agree more with Suzanne and other posters here. The FDA is corrupt in my opinion, consumers have to look out for themselves. I avoid prescription drugs, I don’t trust them, the best bet is to try and stay and healthy as possible so you don’t need them. I’m a big fan of Pom juice and drink it regularly, I’ve read the claims and I hope they are true. I don’t think Pom juice can be harmful in any way so what does it hurt? There are plenty of beverages and supplements out there (hello..diet supplements..) that ARE HARMFUL…where is the FDA on those ones?