Pom shoots back at FTC on marketing claims

Share this content:

In August, DMNews ran a feature on health and wellness product marketing. The angle of the piece tackled the renewed crackdown on marketing claims by federal agencies, such as the Food and Drug Administration and the Federal Trade Commission. One of those marketers is striking back at the FTC now.

Pom Wonderful is suing the FTC after the agency warned the juice maker regarding its health benefit claims in marketing the product. From the Courthouse News Service:

Pom Wonderful claims the FTC is unfairly "using the weight of its vast resources" to single it out unfairly, "based entirely upon Pom's promotion of pomegranate products." The pomegranate promoter claims the FTC violated the Constitution and its own rulemaking procedures by issuing new advertising standards that require "prior FDA approval regardless of whether or not the claims are true or supported by competent, reliable scientific evidence."

Other marketers that have received a recent FTC warning letter regarding marketing slogans, such as Nestle, agreed to dial back claims. It seems that Pom has no interest in this approach. I imagine that other marketers are cheering them on, glad that someone is willing to take on the risk and expense of suing the US government. But is it smart?

One agency leader quoted in our August piece suggests going along with what the FDA and FTC want, regardless of how abrupt it might seem that new standards were put into practice.

"We've learned over the years that you have to stick to whatever the FDA or the FTC tells you and run a strict shop," said Leo Pearlstein, president of Lee & Associates, whose clients include makers of food, beverage and health consume products.

DMNotes is DMN's around-the-clock blog. Yes, a blog in 2016.

Bookmark this section and follow our RSS Feed here

Sign up to our newsletters

Company of the Week

Brightcove is the world's leading video platform. The most innovative and respected brands confidently rely on Brightcove to solve their most demanding communication challenges because of the unmatched performance and flexibility of our platform, our global scale and reliability, and our award-winning service. With thousands of customers and an industry-leading suite of cloud video products, Brightcove enables customers to drive compelling business results.

Find out more here »

Career Center

Check out hundreds of exciting professional opportunities available on DMN's Career Center.  
Explore careers in digital marketing, sales, eCommerce, marketing communications, IT, data strategies, and much more. And don't forget to update your resume so employers can contact you privately about job opportunities.

>>Click Here

Relive the 2017 Marketing Hall of Femme

Click the image above