POM Wonderful vs Ocean Spray
DECEMBER: It’s been a challenging year on the regulatory front for POM Wonderful, which this month failed to convince a federal jury that rival Ocean Spray Cranberries had misled shoppers and deprived POM of potential sales by selling a pomegranate juice product containing only 2% pomegranate juice.
POM, which has brought similar cases against other rivals including Welch Foods and Tropicana Products, has so far been unsuccessful in attempts to recover damages.
While a federal jury found Welch Foods had deceived consumers in the labeling of its White Grape Pomegranate juice last September, it nevertheless awarded POM no damages.
Two months later, another federal jury found that Tropicana Products’ labeling of its Pure Pomegranate Blueberry juice had not deceived consumers.
Meanwhile, the Federal Trade Commission is still waiting for a judge to rule on a motion to dismiss legal action brought by POM alleging the FTC had exceeded its statutory authority by establishing a two-clinical trial standard to back health claims.
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