Tag: advertising
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Class Action Filed Against POM Wonderful for Consumer Fraud
A Kansas resident has filed a putative class action in state court against POM Wonderful, LLC, alleging that the company’s claims that its pomegranate products have special health benefits are false, deceptive and misleading. Haynes v. POM Wonderful, LLC, No. CV08720 (Kan. Dist. Ct., Johnson Cty., filed September 29, 2010). Seeking to certify a statewide class…
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Juice Maker Charges FTC with Exceeding Authority in Regulating Health Claims
POM Wonderful LLC has filed a complaint for declaratory relief in a D.C. federal court against the Federal Trade Commission (FTC), alleging that it (i) exceeded its authority in requiring Food and Drug Administration (FDA) preapproval of health-related claims on food products, that is, those claims stating that a product treats, mitigates or prevents disease, and…
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ABA-TIPS Teleconference to Examine Farmed Animal Rights, Consumer Labeling Issues
The American Bar Association Tort Trial & Insurance Practice Section’s Animal Law Committee will convene a teleconference on September 28, 2010, to discuss farmed animal welfare and related labeling issues. Temple Grandin, a Colorado State University professor well-known for her work in animal science, will be among the panel of experts to discuss (i) “commercial…
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Heartland Sweeteners Again Asked to Discontinue Artificial Sweetener Health Benefit Claims
For the second time in less than a month, Heartland Sweeteners has apparently been told by an advertising industry self-regulatory body that the company should not promote its Nevella with Probiotics® artificial sweetener with immune system and digestive health claims unless it can support them with “competent and reliable evidence.” Information about action taken against…
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FTC Subpoenas 48 Food Companies in Follow-Up to Youth Marketing Study
The Federal Trade Commission (FTC) has ordered 48 food companies “to file a special report” on their youth marketing practices in an effort “to measure the effect that self-regulation has had over the last three years,” according to FTC spokesperson Carol Jennings. The companies have 90 days to respond to the subpoenas, which will assist…
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Sweetener’s Ad Claims Could Mislead, Says Advertising Review Board
The National Advertising Review Board (NARB) has reportedly recommended that Heartland Sweeteners cease advertising its Ideal® sweetener as “more than 99 percent natural,” after finding that the claim could be misleading to consumers. The board, an appellate arm of the advertising industry’s self-regulatory system, apparently agreed with the National Advertising Division of the Council for…
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CAMY Reports Decline in Youth Magazine Alcohol Ads
The Johns Hopkins Bloomberg School of Public Health’s Center on Alcohol Marketing and Youth (CAMY) has issued a report showing that alcohol companies “have largely met the industry’s voluntary standards of not placing ads in magazines with 30 percent or more youth readership.” Nevertheless, the report singled out 16 brands allegedly responsible “for half of…
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Cookware Manufacturer Settles Complaint Alleging Fraudulent Health-Related Advertising
According to a news source, a company that makes high-priced cookware and targets its sales to Spanish-speaking immigrants in the Los Angeles area has agreed to settle litigation accusing it of fraudulently claiming that its products could cure diseases ranging from cancer and Alzheimer’s to diabetes and heart disease. California v. Rena Ware Int’l, Inc., No.…