POM Wonderful LLC, the litigious pomegranate juice maker, is now pursuing a higher calling. It’s taking its legal battles to the nation’s highest courts—including its dispute with the Federal Trade Commission. And the results could have far-reaching implications on what companies can claim about their products.
POM, which has touted its 100 percent pomegranate juice for preventing heart disease and certain cancers, appealed a finding by the FTC that some of its health claims were deceptive and misleading to consumers. The FTC’s order violates its free speech rights under the First Amendment, according to a brief filed by POM attorney Thomas Goldstein with the U.S. Court of Appeals for the District of Columbia.