Case Study: In Re Pom Wonderful

Law360, New York (October 4, 2012, 2:15 PM EDT) -- The food and dietary supplement industries have struggled to interpret and implement the Federal Trade Commission’s unsettled standard on health claim substantiation. Many in the industry had hoped that the FTC’s Office of Administrative Law Judges (ALJ) would clarify its substantiation standard when it issued its decision in the matter of Pom Wonderful LLC on May 17, 2012.[1] While the decision answered some questions regarding the type of substantiation that is not required for certain health-related claims, it remained vague on the type, quantity and quality...
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