Food Litigation Newsletter - February 2015 #2

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In This Issue:

- RECENT SIGNIFICANT RULINGS

..D.C. Circuit Affirms FTC’s False Advertising Ruling Against POM Wonderful

..Muffin Mix Class Action Survives Dismissal

..Federal Court Denies Class Certification of Ensure Muscle Health Omission Claims

..Arkansas Court Dismisses “Natural Source of Antioxidants” Case

..Olive Oil False Labeling Suit Survives Dismissal

..Court Changes Dismissal to Stay in “Evaporated Cane Juice” Case

..Court Approves “Natural” Sweetener Settlement

- NEW FILINGS

- Excerpt from D.C. Circuit Affirms FTC’s False Advertising Ruling Against POM Wonderful:

POM Wonderful, LLC v. Federal Trade Commission, No. 13-1060 (D.C. Cir.): The D.C. Circuit Court of Appeals recently affirmed a Federal Trade Commission ruling that POM Wonderful used deceptive, unsubstantiated claims in advertising the health benefits of its pomegranate products. In a 2013 administrative ruling, the FTC found that POM made deceptive claims in ads and promotional materials regarding the ability of its pomegranate products to treat, prevent, or reduce the risk of certain diseases, including prostate cancer, heart disease, and erectile dysfunction. For example, one POM advertisement claimed that consuming a glass of POM Wonderful 100% pomegranate juice every day can reduce plaque in arteries by up to 30 percent.

Please see full publication below for more information.

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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.

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