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
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