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Petitioner POM Wonderful LLC, which produces, markets, and sells, inter alia, a pomegranate-blueberry juice blend, filed a Lanham Act suit against respondent Coca-Cola Company, alleging that the name, label, marketing, and advertising of one of Coca-Cola’s juice blends mislead consumers into believing the product consists predominantly of pomegranate and blueberry juice when it in fact consists … The Supreme Court did side with the Resnicks in a separate case also involving POM Wonderful in 2014. Ruby red and a whole lot of healthy. Can pomegranate juice POM Wonderful and POMx supplements treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction? Bus. The Federal Trade Commission accused … and it has 4 times the antioxidants as green tea! I head up the 30 Under 30 Food and. Research suggests that pomegranates arehealthy, full of antioxidants, vitamin K, and potassium. & Prof. Code §§ 17200, et seq., 17500, et seq. Circuit issued a decision in POM Wonderful, LLC v. FTC, no. Case Timeline. A 1946 advertisement for Camel cigarettes claimed that … The agency also charged a POM Wonderful affiliate, Roll International, in the lawsuit. On February 23, 2010, the U.S. Food and Drug Administration (FDA) informed the company in a warning letter that POM Wonderful was "[promoting] (POM Wonderful 100% Pomegranate Juice) for conditions that cause the product to be a drug". The case is Pom Wonderful LLC v. Ocean Spray Cranberries Inc. et al., case number 2:09-cv-00565 , in the U.S. District Court for the Central District of California. POM Wonderful LLC and Roll Global LLC, In the Matter of . In its defense, POM stated that it has spent millions on research to substantiate the claims it makes about its juices and other products. May 4, 2015. This Meat Distributor Opened Its First Restaurant Ever During The Pandemic. POM Wonderful’s claims about the health benefits of its Pomegranate Juice and POMx supplements go a little too far, according to a lawsuit from the Federal Trade Commission. 23a. It seems Pom Wonderful is not as wonderful as the name, or the company's ads, suggest. POM Wonderful is on the defensive in another suit that's slowly wending its way to the Supreme Court. The suit is alleging false advertising, unfair competition and trademark infringement. Click on the links below if you’d like additional information on similar topics from Schmidt & Clark, LLP: The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in POM Wonderful lawsuits. POM Wonderful Lawsuit Finds Health Benefit Claims Are Misleading. In 2012 a federal judge agreed that some of the ads were misleading. I feel like the mornings I drink it I definately have more energy! Yesterday, Judge Otero in the Central District of California confirmed that preemption under the FDCA has teeth, finding that the FDCA preempts California’s Unfair Competition Law (“UCL”) and False Advertising Law (“FAL”), Cal. POM … [1] POM Wonderful vs. Coca-Cola: A quick primer 9344, Final Order at 2 (U.S. Fed. All Rights Reserved, This is a BETA experience. Id. Home » Dangerous Drugs » POM Sued Over Deceptive Marketing Claims. In January, the Court of Appeals for the District of Columbia Circuit also affirmed the FTC's decision. [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. POM Wonderful v. FTC (D.C. I drink 8oz every morning I am not a breakfast person. The lawsuit challenged the name, labeling, marketing, and advertising of Coca-Cola's product. drinks 8 ounces of POM Wonderful and takes a pomegranate pill every day. Pom Wonderful, makers of pomegranate juice, filed a lawsuit against the FTC, claiming the agency's new regulations squashed its first-amendment rights. Copyright © 2020 Schmidt & Clark, LLP. You may opt-out by, The Business of What We Eat and How It's Made. LOS ANGELES--(BUSINESS WIRE)--POM Wonderful®, the world's largest producer of Wonderful variety pomeg... See more » POM Videos. [UPDATE: U.S. Supreme Court says POM can sue over allegations that Coca-Cola Co has misled consumers. I head up the 30 Under 30 Food and Drink list, as well as Forbes' 25 Most Innovative Ag Tech Startups list. POM Wonderful, maker of the punchy bordeaux-colored pomegranate beverage, is facing an FTC lawsuit that says it's been lying to consumers about the drink's health benefits. In 2013 FTC commissioners denied the Resnicks’ appeal. May 2, 2016. See all articles » … The Federal Trade Commission (FTC) charged POM Wonderful on Sept. 27, 2010 with deceptive advertising for claiming its pomegranate juice and POMx pills "prevent or … POM Wonderful v. FTC (D.C. In a Forbes Magazine feature published in November, Stewart told Forbes how he hasn’t had a cold in a decade. POM wonderful contains 100% pomegranite juice, contains polyphenols which combat unstable molecules that can cause sun damage and fights other free radicals. Jason Chong | May 21, 2014 . Steven Clark, vice president of corporate communications for The Wonderful Company, said in a statement Monday afternoon that POM Wonderful is committed to "honest, transparent communication with consumers everywhere," pointing to the fact that the FTC questioned just 36 of the company's about 600 ads. "We continue to stand behind our efforts to publicly convey valuable information about the health benefits of POM, as well as the $40 million in peer-reviewed, scientific research we’ve conducted regarding the power of this amazing fresh fruit," he said. The Federal Trade Commission accused … Pom Wonderful’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. What if there were a cure-all treatment for high blood pressure, migraines, chronic pain, arthritis, and, oh yeah, fatness? Some history: The FTC filed a complaint in 2010 that the Resnicks’ POM Wonderful had used deceptive advertising when marketing the antioxidant-rich drink as being able to treat, prevent or reduce the risk of heart disease, prostate cancer and erectile dysfunction. believe the lawsuit against POM Wonderful was excessive. That trial is slated for next year. See all articles » … Glassware Virtuoso Kurt Zalto Has Quietly Released His Masterpiece Wine Glass, n a Forbes Magazine feature published in November. I also cover beauty and personal care. The ruling, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia affirmed a January 2014 FTC decision that the marketers of POM Wonderful … POM Wonderful’s claims about the health benefits of its Pomegranate Juice and POMx supplements go a little too far, according to a lawsuit from the Federal Trade Commission. It has poured millions of dollars into researching the potential health effects of its 100% pomegranate juice and pills since launching POM Wonderful in 2002. Then in 2009, the UK public advocacy group Advertising Standards Authority (ASA) challenged POM, stating that its ‘Cheat Death’ ads were deceptive and misleading. Last summer, the The lawsuit challenged the name, labeling, marketing, and advertising of Coca-Cola's product. Templeton’s lawsuit is also claiming unjust enrichment, due to the fact that the company profited from its alleged “misrepresentations and false statements,” adding: “It would be inequitable for Defendants to retain the monies received from Georgia consumers as a result of Defendants’ unfair, deceptive, and misleading business practices.”. The plaintiff in the case claims that POM Wonderful misled consumers by claiming “special health benefits” about its products “where such products do not, in fact, contain said benefits.” POM is currently facing a number of other similar deceptive marketing class action lawsuits in Florida, Kansas, Missouri and California. On June 12, 2014, the United States Supreme Court overturned a ruling of the Ninth Circuit Court of Appeals and allowed POM Wonderful LLC (‘POM”) to proceed in its deceptive labeling litigation against the Coca-Cola Company (“Coca-Cola”). You may be entitled to compensation by filing a suit against POM Wonderful and we can help. Free POM Wonderful Lawsuit Evaluation: If you or a loved one suffered an injury you believe may have been caused by POM Wonderful, you should contact our law firm immediately. Jon Rappoport repeats something I’ve come to understand only lately – anyone reading this blog should come to terms with the PCR machine, used to diagnose “cases” of COVID-19. POM Wonderful 100% Pomegranate Juice I love this! Pom Wonderful’s $77.5 Million Fruit Juice Lawsuit Against Coca-Cola Falls Flat. I drink 8oz every morning I am not a breakfast person. The FTC case comes less than two weeks after POM Wonderful won a … “I am pleased that the POM Wonderful case has been brought to a successful conclusion,” Ramirez said. in the POM Wonderful lawsuit against Coca-Cola. When POM Wonderful decided to sue Coca-Cola, things escalated to the point where the United States Supreme Court had to decide how far civil laws could go, and essentially ruled that companies can sue competitors for misleading advertising, specifically under the Lanham Act. Ben Marcus spends a long and … In October the Resnicks asked the Supreme Court to take the case. May 2, 2016. The ruling, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia affirmed a January 2014 FTC decision that the marketers of POM Wonderful … In January 2013, the Federal Trade Commission (FTC) issued its much-anticipated ruling against POM Wonderful (POM), unanimously upholding Administrative Law Judge Michael Chappell’s May 2012 decision that POM lacked adequate substantiation for advertising claims that its products could treat, prevent or reduce the risk of heart disease, prostate cancer and erectile dysfunction. The lawsuit says Wonderful described the bonus as a “discretionary” payment due only to growers who committed to delivering pistachios the following … Consumers deserve no less.”. The new class action lawsuit, which was filed by plaintiff W Rex Templeton Jr earlier this month in Georgia federal court, accuses POM Wonderful of “knowing and willful deception of Georgia consumers.” The complaint was brought on behalf of all Georgia consumers who purchased POM products from September 2006 to the present. The new class action lawsuit, which was filed by plaintiff W Rex Templeton Jr earlier this month in Georgia federal court, accuses POM Wonderful of “knowing and willful deception of Georgia consumers.” The complaint was brought on behalf of all Georgia consumers who purchased POM products from September 2006 to the present. in the POM Wonderful lawsuit against Coca-Cola. -year-old cycled about 40 miles a day across Italy during a nine-day bike trip. In its federal lawsuit, Pom Wonderful accused the commission of applying a new standard for deceptive advertising to the food and dietary supplement … Photo... [+] Credit: POM WONDERFUL/Newscom. Specifically, Pom Wonderful claimed that Coca-Cola violated provisions of the Lanham Act, a federal law prohibiting false advertising, as well as California's false advertising and unfair competition laws. LOS ANGELES--(BUSINESS WIRE)--POM Wonderful®, the world's largest producer of Wonderful variety pomeg... See more » POM Videos. Pom Wonderful claimed its fruit juice helped reduce the risk of medical issues such as heart disease, prostate cancer, and erectile dysfunction. One of POM’s competitors is the Coca-Cola Company. I gravitate towards the intersection of food and mass manufacturing. Marketing claims Forbes ' 25 Most Innovative Ag Tech Startups list, this is a BETA.... 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