Dykema Gossett PLLC

Food & Beverage Law Blog

Posts in U.S. Supreme Court

Showing 1 post in U.S. Supreme Court.

Pom Wonderful, et. al v. Federal Trade Commission: Petition to Supreme Court for Writ of Certiorari Related to Advertising and Labeling

This case could have broad implications for how the FTC evaluates labeling claims related to the health benefits of products. Pom Wonderful, et. al v. Federal Trade Commission, Petition for Writ of Certiorari, No. 15-525, October 23, 2015. Pom Wonderful asks the Supreme Court to address whether a finding by the FTC that truthful advertisements imply a misleading message to a minority of consumers, and therefore should receive no First Amendment protection, must be reviewed de novo? In other words, Pom wants the Court to address the difficult question of how far can the agencies go when regulating the labeling speech when they choose to ban it as “implying” a misleading message in the absence of evidence of how the general public, or even the scientific community, will evaluate such speech. Pom argues that the First Amendment requires courts to play a more meaningful role in evaluating a decision to ban particular truthful speech to customers on the paternalistic assumption that they will be misled by some lurking implication hiding behind the labeling message. Read More ›