FTC Judge Tells POM Wonderful to Stop Deceptive Ads

A judge with the Federal Trade Commission has ruled that the makers of POM Wonderful pomegranate juice are using deceptive ads that imply the product could treat or prevent serious diseases and other medical conditions, without the evidence to back it up.

A consumer class action lawsuit filed earlier this year makes similar allegations.

Judge D. Michael Chappell said POM Wonderful used insufficient evidence to back claims that its products could “treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction,” upholding much of a 2010 FTC complaint against the Los Angeles-based company.

Another ad cited as deceptive described POM juice as an “antioxidant superpower,” and went on to say that antioxidants guard against agents that “can cause heart disease, premature aging, Alzheimer’s disease, even cancer.”

Chappell ordered POM to discontinue making “any representation” that a product “is effective in the diagnosis, cure, mitigation, treatment or prevention of any disease.”

Despite upholding much of the original FTC complaint, however, Chappell did not find all POM ads challenged by the FTC to be deceptive. The judge also said the complaint went too far in requiring POM to get pre-approval from the FDA for any claims made in future advertisements, ruling it “would constitute unnecessary overreaching.”

David C. Vladeck, director of the FTC Bureau of Consumer Protection, said the agency was “pleased” the judge agreed that deceptive advertising had been used.

POM issued a statement of its own focusing on the parts of the original FTC complaint that were discarded. It said the ruling allows the company to “share the scientific evidence that highlights the value and power inherent in pomegranates and pomegranate juice with impunity.”

It’ll be interesting to see if Judge Chappell’s decision will affect a consumer class action lawsuit against POM Wonderful filed in February. The POM Wonderful class action lawsuit charges the company with falsely advertising that its pomegranate juice products have special health benefits, such as preventing or treating atherosclerosis, blood flow/pressure, prostate cancer, erectile function, cardiovascular disease, LDL cholesterol, and other age-related medical conditions.

Keep checking Top Class Actions for updates on the POM Wonderful Consumer Class Action Lawsuit.