Industry-wide impact of FTC’s POM Wonderful ruling

February 7, 2013

Last month, the U.S. Federal Trade Commission (FTC) issued a final ruling in a case involving POM Wonderful LLC, determining that certain ads for its juice products made misleading claims about the drink’s health benefits. In the latest ePerspective blog, Mark Mansour, Partner at Akin Gump Strauss Hauer & Feld LLP, describes how this case will have implications beyond the immediate effects on the company involved. The decision will affect a wide swath of the food and beverage industries by further tightening the criteria that will be required to sustain claims that a given product treats a disease.

As Mansour explains, the FTC has taken the position that its standards for substantiation for health claims regarding foods and beverages are nowhere near as rigorous as those employed by pharmaceuticals. The FTC has drawn a line in the sand that will impose serious limitations and expensive, time-consuming and difficult constraints on the ability of food manufacturers to communicate to consumers positive research developments about their products. What are your thoughts on the impact the FTC ruling will have on the rest of the food industry? How do you think this issue will be resolved? Read what Mansour has to say and share your opinion on the topic by visiting IFT’s ePerspective today.

Mark Mansour’s ePerspective