FTC Charges POM Wonderful with Deceptive Ad Claims

WASHINGTONFTC issued an administrative complaint charging POM Wonderful with making false and unsubstantiated health claims for its pomegranate juice and dietary supplements. The complaint was issued Sept. 27, two weeks after the Los Angeles-based company filed a lawsuit in U.S. District Court, District of Columbia, alleging the agencys requirements of FDA preapproval for disease" and health claims," regardless of the existence of substantiation and a requirement of two clinical trials to support structure/function claims, violates the First Amendment. (For more on the lawsuit, click here.)

FTCs complaint alleges POM Wonderful, sister corporation Roll International Corp., and principals Stewart Resnick, Lynda Resnick, and Matthew Tupper with making deceptive disease prevention and treatment claims in national publications and other advertising, on the Internet, and in product promotional literature. According to the complaint, advertising claims for POM Wonderful Pomegranate Juice and POMx supplements were promoted for their ability to "fight for cardiovascular, prostate and erectile health" and keep PSA levels normal; and that "clinical studies prove [the products] prevent, reduce the risk of, and treat" heart disease, prostate cancer and erectile dysfunction. However, the agency alleges the scientific studies conducted by POM Wonderful did not show the benefits, did not show benefits compared to placebo, or were carried out without "blinding."

"Any consumer who sees POM Wonderful products as a silver bullet against disease has been misled," said David Vladeck, director of the FTCs Bureau of Consumer Protection. "When a company touts scientific research in its advertising, the research must squarely support the claims made. Contrary to POM Wonderfuls advertising, the available scientific information does not prove that POM Juice or POMx effectively treats or prevents these illnesses."

FTCs proposed order in the complaint would require future claims not be misleading and comply with FDA regulations, in addition to requiring FDA pre-approval for POM Wonderful to make future claims that its products prevent or treat serious diseases. It reasoned the requirement would provide clearer guidance for the company, facilitate POM Wonderfuls compliance with the proposed order, and make it easier to enforce."

The agency also announced POM Wonderfuls former head of scientific and regulatory affairs, Mark Dreher, agreed to a settlement barring him from making any disease treatment or prevention claims in POM Wonderful advertising unless the claims is not misleading and meets FDA requirements. The settlement contains a cooperation clause and reporting provisions as well.