FTC Files Brief - First Amendment Protection Is not Available for POM’s Allegedly Misleading Claims

[JustTooMuchTime]

"As, according to the FTC, POM’s ads were misleading, POM’s First Amendment argument fails; false and misleading claims are not protected. The FTC acknowledges that First Amendment protection is available to potentially misleading claims that could be presented in a non-misleading manner by adding an effective disclaimer. However, this case does not concern future potentially misleading claims but past claims that, according to the FTC, were actually misleading, despite disclaimers or disclosures. "

FDA Law Blog: FTC Files Brief in POM Wonderful LL Appeal Arguing First Amendment Protection Is not Available for POM (http://www.fdalawblog.net/fda_law_blog_hyman_phelps/2014/02/ftc-files-brief-in-pom-wonderful-ll-appeal-arguing-first-amendment-protection-is-not-available-for-p.html)

Makes me wonder how any of this might be related to the Cato Institute brief filed on behalf of Kevin Trudeau

http://www.cato.org/sites/cato.org/files/pubs/pdf/Trudeau.pdf

[littleroundman]

For Release

January 7, 2014 Tags:


deceptive/misleading conduct (http://www.ftc.gov/terms/deceptivemisleading-conduct)
Internet commerce (http://www.ftc.gov/terms/internet-commerce)
Bureau of Consumer Protection (http://www.ftc.gov/bureaus/bureau-consumer-protection)
Consumer Protection (http://www.ftc.gov/mission/consumer-protection)
Advertising and Marketing (http://www.ftc.gov/consumer-protection/advertising-and-marketing)
Health Claims (http://www.ftc.gov/consumer-protection/health-claims)



UPDATED
The Federal Trade Commission today announced a law enforcement initiative stopping national marketers that used deceptive advertising claims to peddle fad weight- loss products, from food additives and skin cream to dietary supplements.
“Operation Failed Resolution (http://www.ftc.gov/sites/default/files/attachments/press-releases/sensa-three-other-marketers-fad-weight-loss-products-settle-ftc-charges-crackdown-deceptive/slides.pdf)” is part of the FTC’s ongoing effort to stop misleading claims for products promoting easy weight loss (http://www.ftc.gov/news-events/media-resources/truth-advertising/health-claims) and slimmer bodies.

One wonders if the the Trudeau and POM cases were the "straw that broke the camels' back" so to speak and lead to the launching of "Operation Failed Resolution"

IM(very)HO, there definitely needs to be a line drawn in the sand before peoples' health takes a back seat in all of these legal arguments.