Vitaminwater VS POM Wonderful
Verdict DROP IT DROP IT
The Reality When consumers sued Coca-Cola in 2009 over these claims, the company's own legal defense -- raised in its motion to dismiss -- was that 'no consumer could reasonably be misled into thinking Vitaminwater was a healthy beverage.' US District Court Judge John Gleeson rejected that defense in July 2010, ruling that naming the product 'vitaminwater' and its flavors 'energy,' 'revive,' and 'defense' has 'the potential to reinforce a consumer's mistaken belief that the product is composed of only vitamins and water,' and largely denied Coca-Cola's motion to dismiss the case. 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.
SHORT ANSWER
Vitaminwater: Coca-Cola's own legal defense against a 2009 lawsuit over vitaminwater's health claims argued that no reasonable consumer should have believed the product was healthy in the first place -- and a federal judge ruled the product's own naming and flavor names could still mislead people into thinking it was.
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.