HealthPop
By

CBS News Staff /

CBS News/ May 22, 2012, 10:16 AM

POM Wonderful deceptively advertised health claims in juice ads, judge rules

POM Wonderful

(CBS/AP) A federal administrative judge ruled Monday that POM Wonderful deceptively advertised its pomegranate products when the company said the juices could treat, prevent or reduce the risk of heart disease, prostate cancer and erectile dysfunction.

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Chief Administrative Law Judge Michael Chappell upheld an earlier complaint from the Federal Trade Commission that was filed in September 2010 against POM and its parent company, Los-Angeles-based Roll International Corp. The company's health claims, such as "The Antioxidant Superpower", are a hallmark of its advertising and are seen as working to convince consumers that they are worth a premium price.

In the FTC's original complaint, the agency alleged that the POM respondents' heart disease claims were false and unsubstantiated because many of the scientific studies did not show benefits from using POM products for treating or preventing heart disease. It alleged that the prostate cancer claims were false and unsubstantiated because, among other reasons, the study the POM respondents relied on was neither "blinded" nor controlled. Finally, the FTC alleged that the erectile dysfunction claims were false and unsubstantiated because the study on which the company relied did not show that POM Juice was any more effective than a placebo

Jude Chappell ordered POM to halt all claims of health benefits, performance and efficacy for its beverage unless the representation is not misleading. Expert witnesses testified in court that scientific evidence does not support claims made in company advertising, which appeared in national newspapers, magazines and online.

POM Wonderful is credited with having started the pomegranate craze that has spread to everything from smoothies to salad dressings.

Chappell did not completely agree with FTC's complaint, rejecting an argument that the company should have to provide evidence from rigorous medical trials - the same standard required of pharmaceutical companies. Instead, the judge said the company could provide "competent reliable scientific evidence."

Los Angeles-based POM Wonderful touted that ruling as a victory in a company statement. "We consider this not only to be a huge win for us, but for the natural food products industry," Craig Cooper, Chief Legal Officer for POM Wonderful LLC, said in a company statement.

"We have always believed in the power of the pomegranate and are pleased that we will be able to continue to showcase the fantastic health benefits inherent in this wonderful fruit," added, Stewart A. Resnick, President of Roll Global.

The judge's ruling becomes final after 30 days, unless the company appeals. POM said it is "continuing to review the ruling," but did not indicate plans to appeal. In addition to POM Wonderful juice, the company sells POMx pills and liquid extract.

Recently "deceptive" health advertisements were spotlighted by an FTC ruling on Skechers Shape-ups and the company's other toning shoes. The FTC ordered Skechers to pay $40 million over health claims about weight loss, cardiovascular health and muscle building based on questionable studies, HealthPop reported.

© 2012 CBS Interactive Inc. All Rights Reserved.
8 Comments Add a Comment
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Eduardo_Vidal says:
Against whom we are fighting pomegranate juice offers benefits there is no miracle product unfortunately but sometimes a little pomegranate juice for a long
View this research published May 17, 2012 this is not worth knowing

http://www.sciencedirect.com/science/article/pii/S0891584912002584
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Drivelphobe001 says:
To treat ED, do you soak the limb in the juice as well? Does it work on Peyronies? Just what dysfunctions are included in the general class of "ED"? What a joke.
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amerilatino says:
Riiiight, I'm gonna trust the same government that said thalidomide was safe for pregnant women, that ketchup is a vegetable and that baby bottles could be made of toxic plastic to tell me that the juice of a fruit that has been praise for thousands of years is not really that good for me.
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Animationman333 says:
My wife is a faithful fan of Dr. Oz, exercises regularly, eats organic foods to the maximum extent possible, and she takes all kinds of vitamins and food supplements. She also feels terrible all the time, has severe and chronic insomnia, and she lives in fear of supermarket food and in a world of medical conspiracy theories. She won't see a doctor, psychiatrist, or a counselor because she thinks she is HEALTHY.
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Drivelphobe001 replies:
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Not to mention her "vitamin breath" and pungent perspiration. She sounds like lots of fun to be around. Does she also run twenty or thirty mile a week?
NYorker718 replies:
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Good luck w the wife , see a herbalist to much of anything is no good . And if she's weird on vitamins she definetly won't sleep. Try chamomile or valerian
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LoShark says:
ALEC billionaire members..."Stewart A. Resnick "is chairman and owner of Roll International Corporation, a Los Angeles-based holding company, and has developed and owns a number of companies, including Paramount Agribusiness, POM Wonderful, Teleflora, FIJI Water, and Suterra." They're also known for harvesting with slave labor... Pure scum!
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mgoodman58 says:
A John Hopkins University study researchers found that treatment with the pomegranate extract (POMx) was associated with a greater than six-month median increase in PSA doubling time (PSADT). Previous research had shown that pomegranate extract, which is rich in antioxidants and vitamin C, has antitumor effects."

Why is there no legal action taken on GMO food?
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