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An administrative law judge has upheld the FTC’s complaint and ruled that POM Wonderful LLC, its sister corporation Roll Global LLC, and principals Stewart Resnick, Lynda Resnick, and Matthew Tupper made deceptive claims in some advertisements that their POM Wonderful 100% Pomegranate Juice and POMx supplements (POM products) would treat, prevent, or reduce the risk of heart disease, prostate cancer and other conditions.
Chief Administrative Law Judge D. Michael Chappell’s initial decision would bar the POM respondents from making any representation about the health benefis of POM products or any other food, drug or dietary supplement unless the representation is not misleading and POM has scientific evidence that substantiates the claims.
The FTC sought to have POM respondents obtain FDA pre-approval before making any representations that any POM product is effective in the “diagnosis, cure, mitigation, treatment, or prevention of any disease.” Judge Chappell ruled that this requirement “would constitute unnecessary overreaching.”