False Advertising Class Action Filed in Georgia Against POM Wonderful

A Georgia resident has filed a complaint in federal court on behalf of a statewide class of consumers allegedly misled about the purported health benefits of POM Wonderful’s pomegranate products. Templeton v. POM Wonderful, LLC, No. 12-53 (S.D. Ga., filed February 16, 2012).

According to the complaint, the company promotes its products “as having special health benefits, including but not limited to, the prevention[,] mitigation, and/or treatment of the following: (a) Atherosclerosis; (b) Blood Flow/Pressure; (c) Prostate Cancer, (d) Erectile Function; (e) Cardiovascular Disease; (f) Reduce LDL Cholesterol; (g) and other age-related medical conditions.” Citing investigations by the National Advertising Division of the Council of Better Business Bureaus, the U.K.’s Advertising Standards Authority, U.S. Food and Drug Administration, and U.S. Federal Trade Commission, the plaintiff claims that these promotions are not substantiated by medical evidence.

Alleging violations of the Georgia Uniform Deceptive Trade Practices Act and unjust enrichment, the plaintiff seeks compensatory damages, recovery of monies from the company’s alleged “overcharging and overreaching,” attorney’s fees, and costs.