The case was one not of preemption but of preclusion and so any "presumption against pre-emption" has no force.
The front label of its package carried the words "pomegranate blueberry" Pom case capital lettersbelow which the phrase "flavored blend of 5 juices" appeared in much smaller type, followed in still Pom case type by "from concentrate with added ingredients and other natural flavors" presented over two lines.
The administrative hearing began on May 24, and concluded on November 4, Pom case cat and mouse will continue to play, and the lawyers and experts will continue to profit. The same prohibition applies to representations regarding the health benefits, performance or efficacy of any product covered by the order.
In each case, POM fell short of the mark. Congress could fairly easily enact a law that would provide clear guidelines on the level of evidence which should be required to make a health claim for a product in a manner that is understood by consumers and backed by good science.
Needless to say, the experts in this case did not agree except in the most general sense: While regulatory agencies such as the FDA and FTC can issue regulations and guidelines governing health claims, these are subject to challenges as well, ending in more litigation.
That does not change because the case involves multiple federal statutes, nor does it change because an agency is involved. It is manufactured by a company owned by Linda and Stewart Resnick, California billionaires who pretty much single-handedly created a multi-million dollar market for pomegranate juice where none existed before.
First, the ALJ did not say that double blind, placebo controlled RCTs would never be required for a supplement or food product making a health claim, and, in fact, case law cited in the decision makes it clear that this possibility remains open.
The Coca-Cola Companythrough its Minute Maid division, created a pomegranate-blueberry juice product that in reality was This included conflicting testimony over underpowered trials, endpoints chosen, valid surrogates for improvement in condition, and other matters which I am incompetent to evaluate and discuss.
In fact, it is undisputed that none of the ads under scrutiny expressly makes the contested claims. An agency may not reorder federal statutory rights without congressional authorization. POM, according to the FTC complaint, made false and misleading claims that its POM products treat, prevent, and reduce the risk of heart disease, prostate cancer and erectile dysfunction.
In the erectile dysfunction ads, the claims are more direct.
Bellamy is a Florida attorney and lives in Tallahassee. This means that litigation will continue to define the parameters of permissible claims, case by case.
Her posts are archived here. Because of Pom case stakes, I imagine this case will be around for a few more years. This evidence must meet generally accepted standards in the relevant scientific field AND must be viewed in light of the entire body of relevant and reliable scientific evidence.
Second, not requiring an RCT does not mean anything flies. Twenty four witnesses, including 14 expert witnesses, testified. That opinion was not universally shared. Or, as LA Times columnist Michael Hilzik wroteIt has long been clear that the most wonderful thing about Pom Wonderful pomegranate juice is the spectacular marketing skill that persuades consumers to fork over their hard-earned cash for a liquid that sells for five to six times the price of, oh, cranberry juice.
The Resnicks parlayed their success selling pomegranate juice into two additional products, both dietary supplements, in the form of POMx pills and POMx liquid. This cat and mouse game between the food and supplement industry on the one hand, and government regulators on the other, is not in the best interest of anyone, least of all the consumer.
Rather POM implied this by giving the consumer information which would lead at least some consumers to come to that conclusion on their own. In particular, if a juice blend does not name all the juices it contains and mentions only juices that are not predominant in the blend, then it must either declare the percentage content of the named juice or "[i]ndicate that the named juice is present as a flavor or flavoring.
There were nearly exhibits and the transcript ran almost pages. For example, POM ads claimed Powerful antioxidants in the POM products enhance the actions of nitric oxide in vascular endothelial cells, showing potential for management of erectile dysfunction.
You should feel free, however.In the Matter of POM Wonderful LLC and Roll Global LLC, as successor in interest to Roll International Corporation, companies, and Stewart A. Resnick, Lynda Rae Resnick, and Matthew Tupper, individually and as officers of the companies Figure 36 (Video Capture of the “Community” Section of the.
POM Wonderful LLC v. Coca-Cola Co., U.S. ___ (),  was United States Supreme Court case that held that a statutory private right of action under the Lanham Act is not precluded by regulatory provisions of the Food, Drug, and Cosmetic ultimedescente.comons: U.S.
___ (more), ultimedescente.comultimedescente.com2d (). See 2 POM WONDERFUL LLC v. COCA-COLA CO. Syllabus a pre-emption case, for it does not raise the question whether state law is pre-empted by a federal law, see Wyeth ultimedescente.com, U.
S., but instead concerns the alleged preclusion of a cause of ac. Purchase a new Pom iPhone case for your iPhone 8, 8 Plus, 7, 7 Plus, 6/6s & more on Zazzle. Shop through thousands of stylish, wonderful designs! You searched for: pom pom case!
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