FTC vs. POM Wonderful: Scorched Earth Approach

Not many marketers have the fortitude or the financial wherewithal to go toe-to-toe with the Federal Trade Commission (FTC) to fight a charge of false advertising, writes Venable partner Gregory J. Sater in the May issue of Electronic Retailer magazine. However, he writes, that is not the case with POM Wonderful. Over the past two years, POM has battled the FTC over allegations of false advertising for its POM Wonderful pomegranate juice and POMx supplements.

He writes that there have been victories and setbacks for both sides in the case, but the real casualties of the POM Wonderful battle may be other marketers. Those marketers, Sater says, must now consider the POM decision when developing claims, even if they are not selling pomegranate-based products or making disease-treatment or disease-prevention claims. This is because the language in the decision covers issues that can affect many kinds of marketers selling many kinds of products.