Settlement Reached in Related Case
The FTC statement says that in a related case, Mark Dreher, POM Wonderful’s former head of scientific and regulatory affairs and expert endorser, has agreed to stop making any disease treatment or prevention claims for a POM Wonderful product unless it first “comports” with requirements set forth by the FDA.
The FTC says administrative complaints are issued when it believes that law has been violated.
POM Claims Pomegranates Good for Health
POM says it stands “behind the vast body of scientific research documenting the healthy properties” of its pomegranate products. It claims it has spent more than $34 million on scientific research on pomegranates, much of which has been published in peer-reviewed journals.
The company charges that the FTC has violated POM’s constitutional rights “to share useful and important” information with the public. It says it has filed suit in federal court “to preserve these rights” in an attempt to have the FTC’s advertising standards declared invalid.
POM also says the FTC is wrongfully treating pomegranate juice as a drug, even though the products “do not carry the risks associated with pharmaceutical drugs.”
The FTC lacks statutory authority to levy fines for violations of its regulations, but it can order businesses to stop making false advertising claims.