The Case Against POM Wonderful
Remember when POM Wonderful marketed its juice as a cure for cancer, erectile dysfunction and heart disease?
From about 2003 through 2010, POM routinely said medical studies proved that daily consumption of its products would treat various illnesses, including heart disease, prostate cancer and erectile dysfunction. The Federal Trade Commission (FTC) said POM's claims were bogus, misled consumers, and so it sued POM Wonderful and eventually won in 2014!
In 2010, we followed the FTC by filing a class action complaint against POM in Pulaski County Circuit Court. The case was brought for all Arkansans that purchased POM's products, because POM lied about the medical proof and that its juice and other products were a basic cure all.
Our case is assigned to Judge Mary McGowan in Little Rock, and seeks refunds for people in Arkansas that bought the falsely advertised products.
Just after we filed suit almost six years ago, POM moved to stay the lawsuit before Judge McGowan saying a federal case in California would protect Arkansans. Over our objection, the motion to stay was granted and our case seemed dead just after it arrived.
But guess what - the federal case didn't protect Arkansans as POM portrayed to Judge McGowan. In 2014, the federal judge in California decertified the class action there, and effectively ended the case in California.
Two years ago, we successfully moved to lift the stay before Judge McGowan to get things going again. Arkansans buying these falsely advertised products will now have their day in court.
This week, Judge McGown denied a host of defense motions by POM designed to end our case. It was a major victory.
We will now press to get our class certified and get a trial date, and in order to get Arkansans their money back due to POM's deceitful marketing of its products from 2003 to 2010.
MORE GOOD NEWS -- In May, the U.S. Supreme Court rejected POM's petition to appeal the FTC's decision that POM falsely advertised its products.
As such, POM won't be able to argue it told the truth. As a matter of law, it deceived consumers for seven years.