Sept. 28, 2010 — The Government Exchange Commission has charged Los Angeles-based POM Brilliant with over-hyping its items by making wrong and informal claims that they can anticipate or be used to treat disorders extending from erectile brokenness to prostate cancer and heart malady.
The FTC issued an administrative complaint charging the creators of POM Wonderful 100% Pomegranate Juice and POMx supplements with making misleading claims almost its items, thus abusing government law.
“Any buyer who sees POM Wonderful products as a silver bullet against malady has been misled,” David Vladeck, director of the FTC’s Bureau of Consumer Protection, says in a news release. “When a company touts logical investigate in its promoting, the research must squarely back the claims made. Contrary to POM Wonderful’s advertising, the accessible logical information does not prove that POM Juice or POMx successfully treats or avoids these illnesses.”
POM to FTC: ‘Stop Abusing Pomegranates’
POM Wonderful says in a articulation that it “fundamentally disagrees” with the FTC, claiming the federal agency’s charges are “completely unwarranted.”
“We don’t make claims that our items act as drugs,” the company’s articulation says. “What we do, or maybe, is communicate, through promoting, the promising science relating to pomegranates. Consumers and their health suppliers have a right to know approximately this research and its results.”
But the FTC says the company, its sister organization Roll Universal Corp., and its principals have more than once “over-hyped” items in a series of promotions that have showed up in distributions and web sites, ranging from The Unused York Times to Parade and Wellness magazines. Wrong claims moreover have showed up at bus stops and on announcements, product tags, and in bulletins to clients, the FTC says.
POM Superb Pomegranate Juice is widely accessible in grocery stores across the country, the FTC complaint says, with a 16-ounce bottle retailing for $3.99. Fluid extract and pills are sold through direct mail.
FTC Claims Against POM
The FTC says that:
POM Wonderful’s claims almost battling heart disease are wrong and unconfirmed since many of the logical thinks about the company cites appeared no heart malady benefit. A study implying to appear POM’s products prevent or can be used to treat prostate cancer was not conducted according to acknowledged logical methods. Inquire about cited by POM that its items offer assistance individuals with erectile dysfunction was based on a study that showed that pomegranate juice was no more compelling than fake treatment.
The FTC says POM Superb should halt advertising until it can show with “reliable scientific evidence” that its item claims are substantial.
Settlement Come to in Related Case
The FTC explanation says that in a related case, Stamp Dreher, POM Wonderful’s previous head of logical and administrative affairs and master endorser, has concurred to stop making any disease treatment or avoidance claims for a POM Brilliant product unless it first “comports” with prerequisites set forth by the FDA.
The FTC says regulatory complaints are issued when it accepts that law has been damaged.
POM Claims Pomegranates Good for Wellbeing
POM says it stands “behind the vast body of scientific investigate recording the solid properties” of its pomegranate items. It claims it has went through more than $34 million on scientific investigate on pomegranates, much of which has been distributed in peer-reviewed diaries.
The company charges that the FTC has abused POM’s constitutional rights “to share valuable and important” data with the open. It says it has filed suit in federal court “to protect these rights” in an attempt to have the FTC’s promoting standards declared invalid.
POM too says the FTC is wrongfully treating pomegranate juice as a medicate, indeed though the products “do not carry the dangers associated with pharmaceutical drugs.”
The FTC needs statutory authority to levy fines for violations of its controls, but it can arrange businesses to halt making untrue promoting claims.