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POM Wonderful Says Interviews Fall Outside FTC Advertising Scope

 
• By Dan Schiff

Claims about the benefits of pomegranate made in unpaid-for media appearances should not qualify as “advertising” under the FTC Act, argues POM Wonderful. Among the claims FTC is pursuing, POM owner Lynda Resnick told Newsweek that pomegranate juice is “40 percent as effective as Viagra.”

[POM Wonderful LLC] maintains its executives’ media appearances were not commercial speech under Federal Trade Commission statute, a concept that, if upheld, could affect FTC’s ability to pursue claims made outside traditional paid-for advertisements.

The company filed an answering brief with FTC July 18, rejecting the agency’s attempt to frame TV and...

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