Health

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Pom (Not So) Wonderful Fights Back

The Federal Trade Commission recently sued the maker of Pom Wonderful pomegranate juice contending that it did not have reliable evidence to back up the health claims it made.

A federal administrative law judge two weeks ago ruled in favor of the FTC, issuing a cease and desist order against the company because it did not have sufficient evidence to support its claims that its juice reduced the risks of heart disease, prostate cancer and impotence. (Full decision)

Turning their defeat on its head, the company took out full page ads in the New York Times and the Los Angeles Times like this:

Reading the advertisement, you’d think that the company won the lawsuit. What they did instead was cleverly excerpt out-of-context quotes from the judge that seemingly supported their case.

Look at the first claim in the advertisement above, where the company quotes the judge as saying that scientific studies support the claim that pomegranate juice supports prostate health including by slowing the rate of increase in a man’s PSA level. What they failed to tell you was the following, that the judge said immediately after that.

*MOUSE PRINT:

“However, the greater weight of the persuasive expert testimony shows that the evidence relied upon by Respondents is not adequate to substantiate claims that the POM Products treat, prevent, or reduce the risk of prostate cancer or that they are clinically proven to do so. Indeed, the authors of the Pantuck Study and the Carducci Study each testified that their study did not conclude that POM Juice treats, prevents, or reduces the risk of prostate cancer. And, as Respondents’ expert conceded, no clinical studies, research and/or trials show definitively that the POM Products treat, prevent, or reduce the risk of prostate cancer.” — Judge D. Michael Chappell, page 282.

Looking at the company’s third claim in the ad above about promoting erectile health, the company conveniently omitted the judge’s conclusion in the very next sentence:

*MOUSE PRINT:

“There is insufficient competent and reliable scientific evidence to show that pomegranate juice prevents or reduces the risk of erectile dysfunction or has been clinically proven to do so.” – page 188

What chutzpah this company has. It will be interesting to see if the FTC goes after Pom for the deceptive nature of these misleading ads.

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Fruit Roll-ups: Their “Strawberry” is Really…

Decades ago, General Mills introduced us to Fruit Roll-ups, a supposedly healthy snack “made with real fruit.” Indeed, below is a picture of an older box of strawberry Fruit Roll-ups, with the claims that it is “made from real fruit” and that it is “naturally flavored.”

Well, it seems that at least one consumer actually read the ingredients statement and was surprised by what she found.

*MOUSE PRINT:

Annie Lam was shocked to find that the strawberry snack she bought not only had no strawberries in it, it was actually made with pears, and a bunch of other additives and chemicals. And unlike most consumers who would shrug off this afront, she filed a class action lawsuit against the company.

General Mills asked that the suit be dismissed, but the judge ruled last week that it could go forward because:

“Reasonable consumers might be misled by packaging that claimed the snacks are ‘made with real fruit,’ and would not read the fine print.” — U.S. District Judge Samuel Conti

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The Sensa Weight Loss Potentially Costly “Free” Trial

You may have seen a full page ad in Parade magazine yesterday promising a 30-day free trial of Sensa, a product that claims you can “lose 30+ pounds without dieting”. You supposedly just sprinkle the stuff on everything you eat “to help reduce cravings, curb your appetite and help you feel full faster.”

When you visit their website from the link provided and click on the free offer, here’s what you see:

It looks like they have upped the offer because they are now going to send you a “free 2-month starter kit*” when you agree to pay $7.95 shipping and handling. There is also a smaller representation to “try Sensa Free for 30 days*”. If you follow the asterisk to near the bottom of the page, all is explained, or is it?

*MOUSE PRINT:

“*Product is Free to try for 30 days! Pay only a small shipping and handling fee.”

Out of curiosity, MrConsumer clicked the “terms and conditions” link at the very bottom of the page. Normally this contains information about website usage, copyright infringment, etc. This time, however, it revealed the true nature of this offer.

*MOUSE PRINT:

Terms of Offer
You have a full 30 days to try your SENSA 2-Month Starter Kit. If you enjoy SENSA, do nothing and you will be billed for the 2-Month Starter Kit one low payment of $89.95 at the end of the free trial on 10/25/2011. That’s a 35% SAVINGS off the retail price! If you decide to keep your 2-Month Starter Kit, you will be automatically enrolled in our SENSA AutoShip Delivery Service. As part of the SENSA AutoShip Delivery Service, you will receive a fresh 2-month supply of SENSA every 60 days at the low price of only $89.95 so you never run out. You will be charged this price every 60 days, billed to your credit card, plus $7.95 shipping and handling.

Someone who just blindly ordered from this “free offer” without paying attention, would likely get an expensive surprise on October 25 when their credit card gets charged $89.95 (not even a full 30 days after they receive the magic powder). Worse, two months later, they will get another shipment of the stuff and another charge because of the automatic shipment plan they may have unknowingly entered into.

It is high time that companies like this became straight forward in their advertising, and told you upfront what the deal really is. NOTE: We did not go through the ordering process to see what disclosures, if any, are given before and after entering one’s credit card number to cover the shipping and handling charges.