Law360, New York ( February 19, 2015, 10:53 AM EST) -- On Jan. 30, 2015, in Pom Wonderful LLC v. Federal Trade Commission, the D.C. Circuit handed down a decision that will meaningfully impact how companies advertise their products' health benefits to consumers. In Pom, the D.C. Circuit sided with the FTC in finding that, when a company makes specific claims that its products' health benefits are scientifically "established," it must have "competent and reliable scientific evidence" to substantiate these claims — specifically, at least one randomized controlled trial, the gold standard in the medical and scientific fields. A company relying on studies that do not meet this gold standard, such as Pom Wonderful, risks being charged with false or misleading advertising by the FTC....
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