In the Matter of POM Wonderful LLC and Roll Global LLC, as successor in interest to Roll International Corporation, companies, and Stewart A. Resnick, Lynda Rae Resnick, and Matthew Tupper, individually and as officers of the companies
Published: Jul. 7, 2012 | Result Date: May 22, 2012 | Filing Date: Jan. 1, 1900 |Case number: 9344 Bench Decision – Defendants ordered to cease false advertising
Court
Federal Trade Commission
Attorneys
Claimant
Devin W. Domond
(Federal Trade Commission)
Janet M. Evans
(Federal Trade Commission)
Michael F. Ostheimer
(Federal Trade Commmission)
Tawana E. Davis
(Federal Trade Commission)
Andrew D. Wone
(Federal Trade Commission)
Respondent
Kristina M. Diaz
(Roll Law Group PC)
John D. Graubert
(Covington & Burling LLP)
Facts
The Federal Trade Commission initiated a complaint against Respondents, alleging that the advertised health benefits of the respondents' pomegranate juice products were false because they were not based upon scientific research involving comparative control groups and placebos.
Result
The decision found 12 of respondents' ads implied health benefits not supported by Respondents' scientific studies. The complaint was upheld and Hon. Michael Chappell recommended an order requiring that all health claims made by respondents have adequate substantiation. Respondents would not be held to the same strict standards as pharmaceutical companies, but rather would merely have to demonstrate that their claims were based on "competent reliable scientific evidence."
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