Pom Wonderful has sued the FTC, claiming the agency has overreached in attacking its label and web site with regard to health benefits.
The suit was filed on the September 13 and in it, Pom claims that the FTC has abruptly changed the criteria it uses to judge “false and deceptive advertising” to the detriment of the company.
Pom are objecting to, among other things, the FTC’s request that advertisers obtain prior FDA approval of “disease” claims – even those backed up by “competent” scientific evidence.
The company is also arguing that the FTC are violating the first amendment rights of advertisers because its new rules “create an outright ban on non-deceptive, protected speech”
The suit can be read in full here: http://www.courthousenews.com/2010/09/16/Pom.pdf