FTC Says 1st Amendment Doesn't Shield Pom's Health Claims

Law360, New York (February 11, 2014, 4:41 PM EST) -- The Federal Trade Commission on Friday defended its ban of Pom Wonderful LLC from making disease-related claims in advertisements, telling the D.C. Circuit that the beverage maker “cherry-picked” favorable clinical results to exaggerate its antioxidant products’ benefits and that the First Amendment does not protect misleading advertisements.

In a brief filed with the appeals court, the commission argued that First Amendment protection does not apply to misleading statements because Pom’s advertisements touting its antioxidant products as being able to fight serious illnesses did not have enough...
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