Thursday, November 18, 2010

FTC Strikes Back at Pom Wonderful's End Run

FTC lawyers have filed a motion to dismiss POM Wonderful's pre-emptive suit against the FTC challenging what it says it is a new rule requiring pre-approval before a company can make health claims.

POM filed suit in September, just before the FTC brought an administrative complaint against POM alleging false advertising regarding the health benefits of POM's pomegranate-based products.

The FTC's motion, filed by lawyers from the Office of Consumer Litigation within the Department of Justice, claims that POM is interfering with the agency’s enforcement action, since no final action has been taken on the administrative complaint against POM. The FTC contends, in essence, that POM is attempting an end run around the FTC's administrative complaint. Until the FTC enforcement action is resolved, the FTC argues, there is no basis for a federal judge to review the matter.

Click here for a report by The Blog of LegalTimes about this case, including a link to the actual motion filed by FTC lawyers.

I will continue to monitor this case as it progresses. As always, if you have purchased this product or any other product that you believe was falsely advertised and want to discuss your legal rights, please contact me.

-B

No comments:

Legal Disclaimers, Copyright and Other Legal Stuff

The contents of this blog are the responsibility and property of Bert Joseph Miano and Miano Law P.C., except where other sources of information are cited or credited. This blog and its contents are protected by US copyright laws, international conventions and other copyright laws. The blog is provided only for your personal, informational and non-commercial use, and is not intended to offer legal advice for specific situations, nor does reading the blog create an attorney/client relationship.

Disclaimer required pursuant to the Alabama Rules of Professional Responsibility: "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."