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FTC Approves Final Order Settling Charges Against Former POM VP

The FTC has approved a final order settling charges that Mark Dreher, Ph.D., who was Vice President of Science and Regulatory Affairs of POM Wonderful LLC from approximately August 2005 to May 2009, made false and unsubstantiated claims that POM Wonderful 100% Pomegranate Juice and POMx supplements prevent or treat heart disease and prostate cancer.

The FTC Order bars Dreher from making any disease treatment or prevention claim in advertising for a POM Wonderful product unless the claim is not misleading and comports with FDA requirements.  The Order further prohibits Dreher from making other health claims for a food, drug, or dietary supplement for human use, including as an expert endorser, without competent and reliable scientific evidence to support the claim.

Visit the MLMLaw.com Web site for more information on the on the POM Wonderful case here and the complaint against Mark Dreher here.

Stream Energy Class Action Suit Dismissal Upheld in Georgia

The U.S. Court of Appeals, Eleventh Circuit, has upheld the dismissal of a federal RICO lawsuit filed in Georgia against Steam Energy and its marketing arm, Ignite. The lawsuit claimed Ignite’s sales methods were a pyramid scheme.

The decision supports a previous ruling from the U.S. District Court, Northern District of Georgia, Rome Division, upholding the existing agreements with Ignite’s associates to mandatorily resolve disputes in an arbitration setting.

The original lawsuit was filed on behalf of a purported class in October, 2009. It was a “copycat” action that followed an almost-identical lawsuit in Texas filed several months earlier. While the Texas lawsuit was dismissed by the Federal District Court at Houston in November 2009, the dismissal is currently under review by the U.S. Court of Appeals, Fifth Circuit.

State Bar Honors Steve Richards for Volunteer Work

The Idaho State Bar Board of Commissioners has selected Steve Richards as a winner of the Denise O’Donnell Day Pro Bono Awards for performing exceptional volunteer legal work.

Steve was nominated by the Court Appointed Special Advocate (“CASA”) program for his volunteer work helping children. 

The award is scheduled to be presented to Steve on November 19 at the Idaho State Bar and Idaho Law Foundation  annual Resolution Meeting in Idaho Falls.

MonaVie and Amway Settle Lawsuits

MonaVie and Amway have settle their long-running lawsuits against each other, filing a joint statement to that effect in federal court in Utah.

The two companies had accused each other of making false claims about the other’s company and products.

The legal battle began in 2008, when Amway claimed that MonaVie had used false information about its products and their sales potential to steal away thousands of Amway’s independent distributors. Amway also accused MonaVie of illegally

MonaVie countered both by denying Amway’s claims and charging that Amway was intimidating some former Amway, now Monavie distributors.

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