POM Wonderful VS Kashi Cereal
Verdict DROP IT DROP IT
The Reality An FTC Administrative Law Judge ruled that expert testimony showed insufficient competent and reliable scientific evidence to support these disease-related claims, and the full FTC Commission subsequently found POM had made deceptive claims across 36 separate advertisements and promotional materials. The FTC's Final Order barred POM from claiming any product treats or prevents disease unless backed by two randomized, well-controlled human clinical trials. POM appealed, but the D.C. Circuit Court of Appeals affirmed the FTC's decision in January 2015, and the US Supreme Court declined to review the case in 2016, letting the ruling against POM stand as final. A class-action lawsuit filed in US District Court for the Southern District of California identified a range of synthetic and artificial ingredients present in products carrying the 'All Natural' or 'Nothing Artificial' label, including pyridoxine hydrochloride, calcium pantothenate, hexane-processed soy ingredients, ascorbic acid, glycerin, and sodium phosphate. Kellogg settled the suit for $5 million in 2014, agreeing to drop the 'All Natural' and 'Nothing Artificial' claims from the affected products and to reformulate or relabel them nationally, with California purchasers eligible for $0.50 per product with proof of purchase.
SHORT ANSWER
POM Wonderful: POM Wonderful's claims that its pomegranate juice treats or prevents heart disease, prostate cancer, and erectile dysfunction were found deceptive by the FTC, upheld by the D.C. Circuit Court of Appeals in 2015, and left standing after the Supreme Court declined to review the case in 2016.
Kashi Cereal: Kellogg paid $5 million in 2014 to settle a class-action lawsuit and agreed to drop 'All Natural' and 'Nothing Artificial' labeling from Kashi products after plaintiffs identified specific synthetic ingredients, including pyridoxine hydrochloride and hexane-processed soy, actually present in them.