FTC v. POM – Dissecting the Legal Issues of this Landmark Case

July 30, 2014 9:30am

What is it about?

By popular request, this important session will provide
attendees with an update on the landmark FTC v. POM case
with a thorough discussion of the legal issues presented by
this litigation as well as what learnings from this case food
and beverage companies can use in their daily compliance
programs. This session was designed to engage participants in
a dissection of the constitutional and other legal challenges
presented by this history-making case. Arguments presented
against the FTC include:

  • Constitutionally protected speech – First Amendment does
    not permit the government to presume that protected speech
    is misleading” and shift to the “speaker” the burden to prove
    that the speaker’s speech is not misleading
  • FTC’s requirement of two RCTs for all health claims would
    be inappropriately broad, where far less intrusive remedies
    are available (e.g. disclaimers)
  • FTC’s order violates the Administrative Procedure Act
    (“APA”) because the FTC has introduced a new standard
    without proper procedures – requiring that two RCTs
    for a disease claim