On January 16, 2013, the U.S. Federal Trade Commission (FTC) issued a final ruling in a case about the advertisements for POM Wonderful LLC's 100% Pomegranate Juice and POMx supplements....more
In this issue: - Software Patents Put to the Test – a Bad Sign for Trolls? - Sowing the Seeds of Patent Infringement - FTC vs. POM Wonderful: Trench Warfare - Anything You Can Clean, I Can Clean...more
In this issue: - FTC vs. POM Wonderful: Scorched Earth Approach Burns Other Marketers - “New” Claims: There are Rules for Reboots - FTC Calls Stakeholders Together for Roundtable on Mobile...more
I. Introduction - If you represent food and beverage manufacturers who advertise their products, you will want to be familiar with In the Matter of POM Wonderful LLC, a recent decision by the Federal Trade Commission...more
In this issue: - The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names - Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a...more
The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more
As we previously reported, on May 17, 2012, an FTC Administrative Law Judge (“ALJ”) held in an Initial Decision that POM Wonderful LLC’s (“POM“) claims that its products can treat, prevent, or reduce the risk of heart...more
Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never...more
As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more
In this issue: - Jon Leibowitz Announces Departure From FTC - Lessons from FTC’s POM Wonderful Decision - No CDA Immunity for Fake News Site Affiliate Network - Upcoming Events An excerpt from...more
In this issue: - FTC Studies Alcohol Marketing Practices, Prepares Recommendations - FTC’s POM Decision Provides Food for Thought - 10th Circuit Decision Clarifies No ECPA Liability for Behavioral Advertising...more
Last week, the Federal Trade Commission issued its much-anticipated ruling in the agency’s case against POM Wonderful. In a unanimous 5-0 decision, the Commission found that Pom’s advertisements touting the amazing health...more
As we previously reported, on September 27, 2010, the Federal Trade Commission (“FTC“) filed an administrative complaint against POM Wonderful LLC (“POM“) for allegedly making unsubstantiated claims, which were also false or...more
As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more
Originally published in Washington Legal Foundation on August 3, 2012. Class action lawyers looking for a shakedown have gone on a food binge. They have focused on the food industry and the ever-obliging federal court...more
Chief Administrative Law Judge D. Michael Chappell has upheld a Federal Trade Commission (“FTC”) complaint accusing POM Wonderful LLC (“POM Wonderful”), the maker of best-selling POM Wonderful 100% Pomegranate Juice (“POM...more
Earlier this week an administrative law judge ruled in favor of the FTC in its closely watched trial against Pom Wonderful, finding that years of advertising by Pom Wonderful falsely exaggerated the health benefits of...more
Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason...more
Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising. From Courthouse News: “Pom Wonderful makes deceptive...more
The motions focused on Organic Juice’s allegations that Pom’s failure to mention its juice being from concentrate in its print ads and website (but still printed on the bottle) was an effort to deceive consumers....more
The Federal Trade Commission’s (FTC’s) recent enforcement initiatives on health claims may be heading for a showdown. On September 27, 2010, the FTC issued a particularly detailed 25-page administrative complaint charging POM...more
Pomegranate juice maker POM Wonderful has become notorious for their litigation against competing juice makers, including Welch Foods Inc., Tropicana Products Inc., Ocean Spray Cranberries Inc. and Coca-Cola Co. (Minute...more
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