Law Review Comment Explores FTC Oversight of Food Health Claims

The University of San Francisco Law Review has published a student comment titled “Snake Oil in Your Pomegranate Juice: Food Health Claims and the FTC,” that examines existing statutes and regulatory authorities enabling the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) to regulate the burgeoning “functional food” market. 47 U.S.F.L. Rev. 783. The author focuses on litigation involving health claims made by the manufacturers of POM Wonderful® pomegranate juice products, noting that the industry has been watching it closely to learn what standards will be applied to the science supporting health-related claims thus allowing companies to make such claims. According to the author, the case illustrates why the current regulatory framework is inadequate. She concludes, “If case-by-case litigation continues to define the parameters of permissible claims, consumers will continue to be misled, and all brands will pay the price.”