Advertising Law -- May 22, 2012: SPECIAL FOCUS: FTC Judge Rules POM Lacked Competent and Reliable Evidence for Health Benefit Claims

more+
less-

On May 21, 2012, the Federal Trade Commission announced that its Chief Administrative Law Judge ("ALJ") had issued a much anticipated ruling on the FTC’s administrative complaint against POM Wonderful, its sister corporation Roll International Corp., and three of its principals, Stewart Resnick, Lynda Resnick and Matthew Tupper (hereafter “POM”). In a 335-page ruling, Judge D. Michael Chappell held that POM Wonderful lacked competent and reliable scientific evidence for a number of its advertising claims that pomegranate juice and supplements can treat or prevent heart disease, prostate cancer and erectile dysfunction. As such, he ordered POM Wonderful to cease and desist making these health benefits claims about its products.

However, with regard to the FTC’s proposed order, which would have required that POM obtain the FDA’s approval before making any future health claims about its products, Judge Chappell ruled in favor of POM, noting that such requirements would be “over-reaching.” The judge also rejected the FTC’s claim that studies involving food, beverages and supplements must comply with the same double-blind, randomized, placebo-controlled requirements imposed on pharmaceuticals. The ALJ’s decision thus represents a significant setback to the FTC’s much debated tightening of substantiation standards for certain health claims.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Written by:

more+
less-

Manatt, Phelps & Phillips, LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×