POM advertised that its pomegranate-based products had significant health benefits that were backed by medical studies. The FTC sued, contending that the advertising was misleading. The agency ordered POM to stop making such health benefit claims. POM appealed. The court of appeals held that POM:
A) had "adequate" medical information to support its claims, so could continue such ads.
B) was protected by the First Amendment right to free speech.
C) had no intent to deceive, so could not be liable for intentionally deceptive ads.
D) had "significant" medical information to support its claims, so could continue such ads.
E) none of the other choices are correct.

Question

POM advertised that its pomegranate-based products had significant health benefits that were backed by medical studies. The FTC sued, contending that the advertising was misleading. The agency ordered POM to stop making such health benefit claims. POM appealed. The court of appeals held that POM:
A) ​had "adequate" medical information to support its claims, so could continue such ads.
B) ​was protected by the First Amendment right to free speech.
C) ​had no intent to deceive, so could not be liable for intentionally deceptive ads.
D) ​had "significant" medical information to support its claims, so could continue such ads.
E) ​none of the other choices are correct.

Quizplus · Accepted Answer

The court of appeals likely found that POM's claims were not sufficiently supported by medical studies to the extent claimed in the advertisements, thus not fitting the descriptions provided in options A, B, C, or D. The FTC's action suggests that the claims might have been misleading, which is why the court would not simply allow POM to continue such ads based on the reasons given in the other choices.

POM Advertised That Its Pomegranate-Based Products Had Significant Health Benefits