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Federal Trade Commission prosecution POM Wonderful for unsubstantiated wellness claims

Savvy individuals know the concept of truth in marketing is largely a misnomer. However, a business can only go so far without proof to back up claims made about a service or product. In Los Angeles, the company POM Wonderful LLC makes a pomegranate drink that is popular. This company is now being sued by the United States Federal Trade Commission, reports the Wall Street Journal. The Federal Trade Commission statements in the suit that POMx supplements and POM Wonderful juice have “false and unverified claims that their products will prevent or treat heart disease, prostate cancer and erectile dysfunction.”

Federal Trade Commission taking on POM Wonderful

There are numerous POM Wonderful ads that specifically state that their products are “proven to fight for cardiovascular, prostate and erectile health,” reports the WSJ. The Federal Trade Commission explains that having “17 percent improved blood flow” and a “30 percent decrease in arterial plaque” aren’t enough evidence to advertise that way. The statements are backed by “unprecedented scientific research,” which is what POM Wonderful claims although it is not quite legitimate.

As outlined by David Vladeck of the FTC’s Bureau of Consumer Protection, “Any consumer who sees POM Wonderful products as a silver bullet against disease has been misled.”.

POM Wonderful had submitted a pre-emptive suit from the Federal Trade Commission

According to POM Wonderful, the FTC’s needs are unreasonable. POM Wonderful claims that the First Amendment free-speech rights were being broken when the FTC needs were put in place, which was before the Federal Trade Commission even submitted the suit. While the FTC hasn’t played the previous Supreme Court Justice Oliver Wendell Holmes card of falsely shouting “fire” in a crowded theater as an illustration of the limits of free speech, POM Wonderful’s health claims – if indeed the statements are unsubstantiated – do raise reasonable questions, considering their specificity. POM Wonderful even put out some ads once stating that its pomegranate juice will protect in opposition to PSA’s which are prostate-specific antigens. The WSJ claims this hasn’t been proven scientifically at all. Consumers may end up buying products depending on statements that aren’t real.

Additional reading

Wall Street Journal

online.wsj.com/article/SB10001424052748704654004575517871757238034.html?KEYWORDS=POM Wonderful

Protesting POM Wonderful’s animal testing (Warning: Some NSFW language is audible)

youtube.com/watch?v=htxIpHbl4lA

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