Last week, Brian blogged about the Ninth Circuit's decision in a case that POM Wonderful, makers of pomegranate juice and pomegranate pills (really), brought against Coca-Cola in which POM complained about Coke's labeling of mixed fruit juices that contain pomegranate. This week, an administrative law judge at the Federal Trade Commission ruled on the FTC's complaint against POM, in which the FTC alleged that POM's advertising of its juice and POMx supplements was false and deceptive. Specifically, the FTC argued that POM's claims that its products prevent or treat heart disease, prostate cancer, and erectile dysfunction were false and unsubstantiated.
The judge agreed. One aspect of the decision did go POM's way, however, as the judge disagreed with the FTC that the company should have to provide evidence from controlled clinical trials, such as those required to prove that a drug is safe and effective. The judge held that "competent reliable scientific evidence" would suffice to substantiate a health claim for a food. He also imposed monitoring and record-keeping requirements to ensure POM's compliance with his order. The FTC's press release provides a good summary.
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