Saturday, March 13, 2010

FDA Says: "What's Good for the Goose..."

Well, I am filled with chagrin. Just a little.

You may recall that a couple of summers ago, I praised Pom Wonderful for going after a competitor who advertised its fruit juice deceptively by claiming it contained more or different fruit than it really did. They won that case, standing on the important principle that the claims a company makes in its advertising ought to be truthful. Well, that was then, and this is now.

On February 23, 2010, the FDA issued a warning letter to Pom Wonderful for what the FDA says are "serious violations" of federal drug and food labeling laws. The FDA says, basically, that all the health claims Pom Wonderful makes on its websites mean the product is being used and marketed as a drug to treat, cure, or prevent diseases, and since it has not been approved for those purposes by the FDA, the advertising claims are unlawful.

Go here to see a copy of the letter from the FDA. Go here to see Pom Wonderful's response, posted to its website.

I'm not sure if Pom Wonderful is the goose or the gander in this analogy, but truth in advertising should apply to every company. I am currently monitoring this situation closely. If you feel you have been victimized by bogus health claims made by Pom Wonderful or similar products, give me a call.


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