Over on Reed Smith's AdLaw by Request blog, attorney Caroline Klocko discusses the U.S. Court of Appeals for the District of Columbia Circuit's January 30th ruling that the Federal Trade Commission (FTC) can prohibit POM Wonderful LLC from advertising that its products are effective in combating illnesses and conditions such as heart disease, prostate cancer and erectile dysfunction. In making the decision, the appeals court rejected POM Wonderful's stance that under the First Amendment, the company's advertisements and claims are protected. The court also ruled that the support of one clinical trial is necessary before POM Wonderful can make any subsequent claims of disease-fighting effectiveness – a number that deviates from both the initial amount imposed on POM Wonderful by the FTC (two) and the amount requested by POM Wonderful in its appeal (zero).
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