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Pom Loses Battle With FTC

January 16, 2013

Pom Wonderful has lost its battle with the Federal Trade Commission over its use of health claims in advertising. The FTC upheld Judge D. Michael Chappell's initial decision, issued in May, which found the company made "false or misleading" claims about the effects of the drink.

The FTC found Pom made deceptive claims in 34 ads and promotional materials, which goes beyond Judge Chappell's ruling, which found false or deceptive claims in only 19 items. Advertisements claimed the product would treat or prevent heart disease, prostate cancer and erectile dysfunction.

Pom is now barred from making any claim that a food, drug or dietary supplement is "effective in the diagnosis, cure, mitigation, treatment or prevention of any disease," unless that claim is supported by two randomized, well-controlled, human clinical trials.

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