Published by February 22, 2012 – The largest producer of California Wonderful pomegranates has come under fire yet again for allegedly making false and misleading claims about the health benefits of its products in a new class action lawsuit. The plaintiff in the case claims that POM Wonderful misled consumers by claiming “special health benefits” about its products “where such products do not, in fact, contain said benefits.” POM is currently facing a number of other similar deceptive marketing class action lawsuits in Florida, Kansas, Missouri and California.
Free POM Wonderful Lawsuit Evaluation: If you or a loved one suffered an injury you believe may have been caused by POM Wonderful, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against POM Wonderful and we can help.
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What’s the problem?
The new class action lawsuit, which was filed by plaintiff W Rex Templeton Jr earlier this month in Georgia federal court, accuses POM Wonderful of “knowing and willful deception of Georgia consumers.” The complaint was brought on behalf of all Georgia consumers who purchased POM products from September 2006 to the present.
Templeton’s lawsuit is also claiming unjust enrichment, due to the fact that the company profited from its alleged “misrepresentations and false statements,” adding: “It would be inequitable for Defendants to retain the monies received from Georgia consumers as a result of Defendants’ unfair, deceptive, and misleading business practices.”
In its defense, POM stated that it has spent millions on research to substantiate the claims it makes about its juices and other products.
According to the complaint, POM ads marketed their pomegranate products as having “special health benefits, including but not limited to the prevention mitigation, and/or treatment of the following:
- atherosclerosis
- blood flow/pressure
- prostate cancer
- erectile function
- cardiovascular disease
- reduce LDL cholesterol
- other age-related medical conditions”
The lawsuit states that these claims are deceptive and misleading because they are unsubstantiated by legitimate scientific evidence.
This is not the first time POM has been accused of making overblown statements about its products. In 2005 and 2006, the U.S. National Advertising Division of the Council of Better Business Bureaus (NAD) argued that the company could not substantiate its claims. Then in 2009, the UK public advocacy group Advertising Standards Authority (ASA) challenged POM, stating that its ‘Cheat Death’ ads were deceptive and misleading. In 2010, the U.S. Food & Drug Administration (FDA) sent the company a warning letter alleging that it was making unsubstantiated disease claims.
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