A Kansas City attorney has filed a handful of potential class action lawsuits against the makers of POM Wonderful for allegedly making false claims about the health benefits of pomegranate juice.
Shawn Foster, of Davis, Bethune & Jones, believes the two nearly identical suits he filed in Pettis County Circuit Court and Johnson County District Court last week were the first of their kind in Missouri and Kansas. He also represents several classes of consumers who have filed similar petitions in California and Florida. The unfriendly fruit litigation comes on the heels of last week's complaint from the Federal Trade Commission against POM, contending no scientific evidence existed to support the juice maker's claims that its products can prevent or treat erectile dysfunction, prostate cancer and other diseases.
The local product liability lawsuits allege counts of unjust enrichment against POM, with the Pettis County complaint also accusing the Los Angeles-based company of violations of the Missouri Merchandising Practices Act.
"The labeling on the product leads consumers to believe it is a beneficiary drink that provides for the treatment and prevention of disease when in fact the claims have not been approved by the FDA," Foster said.
POM representatives didn't return a phone call inquiring about the suits' allegations, but the federal complaint prompted a defensive response from the company, which last week prominently displayed, "Stop Persecuting http://www.dbjlaw.net/administrator/index.php?option=com_content#Pomegranates!" on its website. The company emphatically disagreed with the commission and stood behind its research in a statement.
"Because POM products may in fact offer the promise of better health, we believe it is important to share the research results as they become available. This is especially true since our products do not carry the risks associated with pharmaceutical drugs," according to a company statement. "It's a shame that the government is unable to understand this fundamental distinction, and instead is wasting taxpayer resources to persecute the pomegranate. " POM, whose annual sales rose from $12 million in 2003 to a current $91 million, claims in its advertising and labeling that its juices are "backed by $25 million in bulletproof medical research," according to the state lawsuits citing market-data firm Information Resources Inc.
Company officials say POM has conducted a series of studies evaluating the "potential benefits" of Wonderful variety pomegranates on human health, according to a March 2010 news release. POM claims that since 1998, it has supported $33 million in research on Wonderful variety pomegranates, with more than 50 of the studies being published in peer-review journals. Primary "research areas" have included prostate and cardiovascular health, according to the company.
The company's own logo displays a heart symbol in place of an O.
But Foster said that the National Advertising Division of the Council of Better Business Bureaus in 2005 found that the medical research POM relied on was "inadequate to substantiate POM's claim that drinking eight ounces of POM per day can reduce arterial plaque by up to 30% or prevent plaque build-up in healthy people. "
The division again in 2006 found that POM's research didn't substantiate claims that its juices contained "more naturally occurring antioxidants than any other drink" or that they could help prevent premature aging, cancer, heart disease, arterial plaque build-up, stroke or Alzheimer's disease, Foster wrote.
The allegations also come weeks after POM's own successful fight against another juice maker for deceptive labeling. A federal jury in Los Angeles in mid-September found that Welch's intentionally misled consumers with false and deceptive labeling on a product called "100% Juice White Grape Pomegranate," which contained less than an ounce of pomegranate juice. However, jurors agreed that POM wasn't hurt by the product and awarded the pomegranate purist no damages. "POM has always been an advocate of honest labeling, and we hope the evidence in this trial sends a clear message to packaged food manufacturers that it's time to be fully transparent with consumers about what their products truly contain," POM Wonderful President Matt Tupper said in a media statement 13 days before the FTC complaint.
Foster said he seeks a reimbursement for all POM products that have been purchased by the classes in the lawsuits, as well as punitive damages.
The Pettis County case is Anthony Wilkinson v. POM Wonderful et al., 10PT-CC00200. The Johnson County (Kan.) District Court case is Anne Haynes v. POM Wonderful et al., 10CV08720.
By Alyson E. Raletz
Publication: Missouri Lawyers Media
The Associated Press contributed information to this report.
To read complete article: http://www.allbusiness.com/legal/legal-services-litigation/15178735-1.html
At Davis, Bethune & Jones, LLC, in our focus to represent individuals and families who have suffered personal injury or death, our attorneys have come up against large corporations and industry giants. We are dedicated to speaking out for those who have suffered needlessly. While we cannot turn back the clock or undo disastrous consequences, we hope to correct injustices and bring compensation to see our clients through difficult times. In assisting our clients, our dedication and hard work has resulted in notable verdicts and settlements, some of which include:
