Thursday, December 21, 2006

POM Wonderful juice releases press release about product contamination

POM Wonderful Denounces Cruel Hoax

LOS ANGELES, Dec. 19 /PRNewswire/ -- POM Wonderful, the nation's leading producer of pomegranate juice, announced today that it appears to be the target of a cruel hoax by the Animal Rights Militia, which has boasted to the media and on the internet that it intentionally contaminated bottles of POM Wonderful juices in several retail chains on the East Coast of the United States.

So far, POM has found no evidence of any contamination of its products, and has not received any reports of complaints from customers or retailers. POM is cooperating with law enforcement agencies and is investigating by going into stores and checking its products.

POM said that its primary concern is the health and safety of its consumers. POM is taking this matter very seriously.

POM emphasized that all its products use a tamper-evident cap to ensure that no product is damaged or contaminated before use. POM said this should allow consumers to determine whether the product has been tampered with. POM said it is appealing to all consumers to check the break-away, tamper-evident cap carefully before consuming a product. If the cap shows any sign of tampering, it should not be consumed.

"POM Wonderful is outraged by the boasts of the Animal Rights Militia," said a spokesman for the company. "If it is a hoax, it is a form of blackmail. If actual contamination has taken place, with the intention of injuring innocent people, it is an act of terrorism. Either way, the Animal Rights Militia is trying to scare and intimidate innocent people. That is criminal behavior."

POM also asks members of the news media to show extra caution in publicizing these claims. "We would ask that you be extra careful not to inadvertently be party to a hoax, nor to imply that the media in any way endorses terrorist tactics made in the name of animal rights," the spokesman said.

POM Wonderful said that in recent months, animal rights activists have pressured POM to sign a statement renouncing all animal research. POM refused. "Our research is helping to save human lives," the spokesman said.

POM's priority is to improve human health through sound science. POM has funded more than $20 million on research performed at world-class universities, and it will not walk away from its contributions to advancing scientific knowledge. POM has no intention of diluting or hampering its research in order to satisfy violent extremists.

The vast majority of POM research involves human studies, which has led to breakthrough results on prostate cancer and heart disease, among other findings. As a result of that research, people facing those diseases now have greater hope. Only a small fraction of POM's research involves testing on animals, though it never includes dogs, cats or primates. When animals are involved, testing follows well-established scientific protocol and every effort is made to insure that no harsh or cruel methods are performed. These animal studies help pave the way for eventual human research.

Recently, a handful of animal rights activist have resorted to terror tactics in a crude attempt to disrupt POM's medical research. Masked protesters have stalked POM employees at their homes, screaming profanities and threats of violence and terrorizing their young children. The harassment became so dangerous that a California State Court issued a preliminary injunction barring these protesters from further terrorizing POM employees. Despite this injunction, radical groups have continued to harass employees and their children, at their homes in the middle of the night.

POM supports the rights of everyone to express views. "However, no matter what you think about the best way to pursue proper scientific research, there is no place for terrorism and blackmail in your methods," the spokesman said. "Threatening innocent people does not help anyone."

April 2005 Better Business Bureau report against POM juice

NAD NEWS

For Immediate Release
Contact: Sheryl Harris
212-705-0120

POM WONDERFUL TAKES PART IN NAD SELF-REGULATORY PROCESS

NAD recommends that POM Wonderful modify or discontinue claims regarding its Pomegranate Juice.

New York, NY – April 12, 2005 – The National Advertising Division (NAD) of the Council of Better
Business Bureaus, Inc., the advertising industry’s self-regulatory forum, recommended that POM
Wonderful, LLC modify or discontinue advertising claims regarding its POM Wonderful®
Pomegranate Juice. The truth and accuracy of the advertiser’s claims was brought to the attention of the
NAD through its routine and on-going monitoring program.

NAD recommended that the advertiser modify its claim, in its “Amaze Your Cardiologist” advertisement,
that the daily consumption of eight ounces of POM Wonderful Pomegranate Juice “can reduce plaque by
up to 30%” to more clearly articulate the preliminary nature of the referenced pilot study and the details of
the parameters of that study. NAD also recommended that POM Wonderful either discontinue or modify
this claim, in its “Floss your arteries Daily” advertisement, so as to avoid the implication that daily
consumption of eight ounces of POM Wonderful Pomegranate Juice can serve as a preventative measure
against carotid artery stenosis (artery plaque build-up) in healthy individuals.

In a statement to NAD, POM Wonderful expressed that it was pleased NAD found that some of its
advertising contains valuable health information. Although the advertiser respectfully disagrees with
NAD that POM Wonderful’s use of the 30% plaque reduction claim in the “Floss Your Arteries” ad is in
any way misleading or confusing, “in deference to NAD’s extensive experience and expertise and in
support of the self-regulatory process, [it] agrees to take into account NAD’s findings in this inquiry with
respect to its future advertising.”

For a complete case report of the NAD decision, please contact Sheryl Harris at 212.705.0120.

NAD's inquiry was conducted under NAD/CARU/NARB Procedures for the Voluntary Self-Regulation of
National Advertising. Details of the initial inquiry, NAD's decision, and the advertiser's response will be
included in the next NAD Case Report.

###

The National Advertising Review Council (NARC) was formed in 1971 by the Association of National Advertisers, Inc.
(ANA), the American Association of Advertising Agencies, Inc. (AAAA), the American Advertising Federation, Inc. (AAF),
and the Council of Better Business Bureaus, Inc. (CBBB). Its purpose is to foster truth and accuracy in national advertising
through voluntary self-regulation. NARC is the body that establishes the policies and procedures for the CBBB’s National
Advertising Division (NAD), the Children’s Advertising Review Unit (CARU), and the National Advertising Review Board
(NARB).

NAD and CARU are the investigative arms of the advertising industry’s voluntary self-regulation program. Their casework
results from competitive challenges from other advertisers, consumers and also from self-monitoring traditional and new
media, including the Internet. The National Advertising Review Board (NARB), the appeals body, is a peer group from which
ad-hoc panels are selected to adjudicate those cases that are not resolved at the NAD/CARU level. This unique, self-regulatory
system is funded entirely by the business community; CARU is financed by the children’s advertising industry, while
NAD/NARB’s sole source of funding is derived from membership fees paid to the Council of Better Business Bureaus.

http://www.nadreview.org/DocView.asp?PageContext=322272137923114&SessionI
D=1099316&DocumentID=4984

April 2006 Better Business Bureau report against POM juice

NAD NEWS

For Immediate Release
Contact: Linda Bean
212-705-0129

POM WONDERFUL & WELCH FOODS PARTICIPATE IN NAD FORUM

NAD recommends POM Wonderful modify or discontinue wide range of health claims

New York, NY – April 12, 2006 – The National Advertising Division (NAD) of the Council of Better Business
Bureaus, Inc., has recommended that POM Wonderful, LLC, modify or discontinue advertising claims for POM
Wonderful Pomegranate Juice.

NAD, the advertising industry’s self-regulatory forum, reviewed advertising for POM Wonderful Pomegranate
Juice following a challenge by Welch Foods Inc., A Cooperative, competing maker of fruit juices. Welch’s
challenged advertising claims that suggest drinking eight ounces of POM Wonderful pomegranate juice each day
prolongs life and protects against illnesses that include heart disease, Alzheimer’s disease and cancer.

Express and implied claims at issue included:

• “More antioxidants than any other drink” and “More antioxidant power than any other drink”

• “Some things in life just aren’t worth risking. Like not protecting your body against nasty free radicals –
molecules that can cause heart disease, premature aging, Alzheimer’s, even cancer. With more naturally
occurring antioxidants than any other drink, POM Wonderful Pomegranate Juice gives you the protection
you need. Be on the safe side, drink eight delicious ounces every day.”

• “Cheat death ... Eight ounces a day is all you need.”

• “Throw your body a lifeline and let POM Wonderful come to the rescue. This incredible juice has more
naturally occurring antioxidants than any other drink. Antioxidants fight free radicals, those molecules
that can cause heart disease, premature aging, Alzheimer’s, even cancer. Drink eight ounces a day and
you might even save a life. Yours!”

NAD, in its decision, noted that “the study of the relationship between diet and disease prevention is of great
interest to the scientific community and, increasingly, to consumers and advertisers of food products.”

“In recent years, the subject of antioxidants has attracted the attention of researchers and marketers because of the
potential role that antioxidants may play with respect to heart disease, cancer prevention and other diseases,” the
decision states. “NAD is sensitive to the vulnerability of the target audience and is committed to ensuring that
information is conveyed in a manner that does not overstate the scientific findings or exaggerate the performance
benefits of any food or dietary supplement product.”

NAD recognized that “antioxidants play a vital role as one health protecting factor” and that “the advertiser
produces a high quality, healthful drink demonstrating a high level of antioxidants.”

However, with respect to the advertiser’s claims that POM Wonderful contains “more antioxidants than any other
drink,” NAD recommended that the advertiser either discontinue the claim, or modify the claim to narrow the
scope of its superior antioxidant content claim to more accurately reflect the basis of comparison. NAD also
recommended that the advertiser discontinue its claim that POM Wonderful “has more antioxidant power than
any other drink.”

Following its review of the evidence, NAD determined that the headlines and photographs that anchor the
advertising campaign are, when accompanied by language regarding the prevention and/or risk reduction of
specific diseases, beyond the realm of puffery and hyperbole.

“Likewise, with respect to its claim that POM Wonderful is ‘The Antioxidant Superpower,’ NAD determined that
when accompanied by the aforementioned language or language touting the superior antioxidant power of POM
Wonderful to other drinks, these were similarly objective provable claims requiring substantiation ... .”

NAD recommended that the advertiser’s claims regarding POM Wonderful and its cardiovascular benefits be
substantially modified to clearly disclose the limitations of the scientific findings – in particular, the emerging
nature of the scientific findings as they concern the role of its pomegranate juice in one’s diet and the association
between antioxidants and heart health.

Finally, NAD recommended that, in the context in which they appear, the advertiser discontinue its claims, either
express or implied, that drinking eight ounces of POM Wonderful daily can reduce one’s risk of cancer,
Alzheimer’s disease, stroke, premature aging, or prolongs life or that consumers can “Cheat Death” with respect
to any of these diseases by drinking POM Wonderful daily.

“NAD noted that nothing in this decision precludes the advertiser from making truthful claims regarding the state
of science of antioxidants, free radicals, and the encouraging results of preliminary research regarding the impact
that antioxidants have on heart health, cancer, etc., and to accurately reflect what this research may suggest,” the
decision states. “NAD takes no issue with the advertiser discussing and/or educating the public as to the state of
this science or promoting the fact that its product is an excellent source of antioxidants which is, undisputedly,
may be beneficial to one’s health.”

However, the decision states, “NAD believes it is an advertiser’s responsibility to present the whole story
regarding the available scientific data by qualifying its claims in such a manner that employs the weight of the
evidence properly and ensures that consumers understand the extent of the support for the claim.”

POM Wonderful, in its advertiser’s statement, said that it “respectfully disagrees with NAD that consumers may
be unable to appreciate the humorous and “over the top” context in which its claims are presented, particularly in
light of NAD’s recognition that POM Wonderful’s headlines and visuals (standing alone) are puffery. POM
Wonderful also respectfully disagrees that certain of POM Wonderful’s advertising claims overstate the scientific
support for such claims. However, in deference to NAD’s expertise and in support of the self-regulatory process,
POM Wonderful agrees to take into account NAD’s findings in this inquiry with respect to its future advertising
by discontinuing or modifying certain claims.”

For a copy of the NAD decision, please contact Sheryl Harris at 212.705.0120.
For media inquiries, please contact Linda Bean at 212.705.0129.

NAD's inquiry was conducted under NAD/CARU/NARB Procedures for the Voluntary Self-Regulation of National
Advertising. Details of the initial inquiry, NAD's decision, and the advertiser's response will be included in the
next NAD Case Report.

The National Advertising Review Council (NARC) was formed in 1971 by the Association of National Advertisers, Inc.
(ANA), the American Association of Advertising Agencies, Inc. (AAAA), the American Advertising Federation, Inc. (AAF),
and the Council of Better Business Bureaus, Inc. (CBBB). Its purpose is to foster truth and accuracy in national advertising
through voluntary self-regulation. NARC is the body that establishes the policies and procedures for the CBBB’s National
Advertising Division (NAD) and Children’s Advertising Review Unit (CARU), as well as for the National Advertising
Review Board (NARB).

###

NAD and CARU are the investigative arms of the advertising industry’s voluntary self-regulation program. Their casework
results from competitive challenges from other advertisers, and also from self-monitoring traditional and new media. The
National Advertising Review Board (NARB), the appeals body, is a peer group from which ad-hoc panels are selected to
adjudicate those cases that are not resolved at the NAD/CARU level. This unique, self-regulatory system is funded entirely
by the business community; CARU is financed by the children’s advertising industry, while NAD/NARC/NARB’s sole
source of funding is derived from membership fees paid to the CBBB. For more information about advertising self
regulation, please visit www.narcpartners.org.

POM's wonderfully misleading "snake oil" juice

While surfing the web yesterday I stumbled across a story about animal rights terrorists possibly poisoning POM Wonderful pomegranate juice. The article stated the Animal Rights Militia perpetrated this act to send a message to the company that people will not tolerate their unnecessary and inhumane research on animals. My first reaction was "why would animal activists poison healthy juice sold in organic markets?" I could not fathom their motivation so I did a little research and I was shocked at what I uncovered. What I uncovered has nothing to do with animals at all.

It seems the already mega-wealthy owners of the company Stewart and Lynda Resnick bought a farm back in 1987 that just happened to have a pomegranate orchard on the property. They did nothing with it for years until Lynda decided that all their orchard really needed was a snazzy health oriented marketing plan to sell pomegranate juice in a sexy bottle. She developed the familiar looking figure eight juice bottle then plastered photos of the bottle with wild health claims all over Los Angeles where the company is based. She had her celebrity friends hold bottles for photo ops, gave away free juice at fashion shows, made a snazy website and generally did a fantastic job pushing her product as a sexy panacea for the ills of the modern world. Then she ran into a little trouble from the law, the Federal Trade Commission Act specifically.

The act states "advertising must be truthful, not deceptive" and they "must be able to back up their claims." In the Better Business Bureau's National Advertising Division complaint reports made against POM in 2005 and again in 2006 it seems POM made "advertising claims that suggest drinking eight ounces of POM Wonderful pomegranate juice each day prolongs life and protects against illnesses that include heart disease, Alzheimer’s disease and cancer." Their ads stated that you could "cheat death" and their juice could even make you "younger" and even "save your life." Why didn't they state it could cause world peace while they were at it.

The NAD stated that "NAD is sensitive to the vulnerability of the target audience and is committed to ensuring that information is conveyed in a manner that does not overstate the scientific findings or exaggerate the performance benefits of any food or dietary supplement product.” The result of their report was "NAD determined that the headlines and photographs that anchor the advertising campaign are" "beyond the realm of puffery and hyperbole." The end result was that "NAD recommends that POM Wonderful modify or discontinue claims regarding its Pomegranate Juice." NAD Director Andrea Levine even stated "These were probably the strongest health-related claims that I'd ever seen" for a food product. POM Wonderful responded by saying they disagreed with the reports, that their ads were meant to be "humorous" and "over the top" but in deference to NAD they would change their advertising.

If you go to their POMWonderful.com website and check out their ads, you can see that they are still using the same over the top "cheat death," "forever young" and "the antioxidant superpower" ads. This is over a year after their first warning and six months after their last warning. POM Wonderful seems to believe that they are above the law. Instead of changing their advertising as requested by the Better Business Bureau, they launched into doing "research" to try to back up their wild claims.

As per a recent article it was stated that POM made $91,000,000 annually spending $17,000,000 on research and $12,000,000 on marketing and advertising. They had carried out 21 research projects and had 44 more in the works. That sounds like a responsible way to back up their health claims but is it really? So far the research that they've carried out has been very limited human and animal studies. In order for a research project to be considered legitimate in the scientific world it would have to be a double blind study of at least 1,000 subjects. In going through POMs "research," I see a few "studies" of only a handful of human subjects. I see a few studies with a few animal subjects. These studies have been preliminary studies. The result of these studies has been "more research is needed." According to a 2005 article about POM they admit their research is not as watertight as the Resnicks and their team would like. "You can show all sorts of things in 10 people or 25 mice," says Dr Richard Bogle, senior registrar in cardiology at Hammersmith Hospital, London, "but when you start extending it across big populations, it's different. You find the magnitude of effect is smaller than you would have predicted from small-scale studies, or that there is no effect at all." So they intentionally did studies on animals which they had to kill all the while knowing the results would be meaningless for their claims? I'm no PETA fan but I am against the unnecessary testing and killing of animals. If it's for a drug that could save my life, do it. But if it's just for some silly juice claims, no thanks. They killed rabbits and deprived baby mice of oxygen to try to make false health claims for juice?

Now I'm sitting here scratching my head. They funded studies which they knew would not give them significant results to back up their wildly exaggerated health claims. That seems like a waste of money in my book but then again I'm not a marketing genius like Resnick here. She realizes that most people will go "They did research? It could help my health? I'll try it. What's the harm. It's just juice. It's good for me anyway, right?" No one bothers to read the fine print hidden deep in their website. Then I thought I should take a look to see if pomegranate juice is really that good for you after all.

Yes, pomegranate juice is supposed to be good for your health. But guess what, eating the actual fruit is better for you than POMs highly processed reconstituted juice. One eight ounce bottle of POM juice has 160 calories and contains 34 grams of sugar, nothing else. One serving of fruit, a piece of actual pomegranate, is only 80 calories and contains only 15 grams of sugar plus protein, fiber, vitamins and minerals missing in the relatively unhealthy POM product. And another thing, pomegranate juice has more calories per ounce than other fruit juices, sometimes two or three times as many calories, all from sugar. Are extra calories, sugar, processed, reconstituted foods good for you? Of course not. In one of their human studies they gave sugary processed POM juice to sick, elderly patients. Was that medically responsible?

And what about the health benefits of antioxidants in fruits such as pomegrantes. I assumed antioxidants were good for you because the media and advertisers have been pounding it into my head for years. Guess what? There is no real proof that they help at all. According to Dr. Bogle limited studies "is one big problem with the antioxidant story." In particular, the Big Three - vitamin C, vitamin E and folic acid - have proved disappointing in large-scale trials. "Nevertheless, antioxidants are a recurring theme," Dr Bogle explains, "because companies realise that this is a pathway well trodden by the public: they have this idea that antioxidants are a good thing, the elixir of life, anti-ageing, anti-heart disease. There is no real evidence." And another thing, when you turn fruit into juice you lose antioxidants.
 
Okay, the myth is blown, our eyes are wide open. POM juice is just pomegranate juice like all the other pomegranate juice that people have drunk for ages. It's not that great for you but why not drink it if you're going to drink reconstituted processed sugary high caloric pomegranate juice anyway? Well, it seems that POM's fancy bottle, advertising, research and marketing campaigns don't come cheap. That sexy eight ounce bottle of POM juice sells for up to $5 or 63 cents an ounce. Walmart sells the same juice for 12 cents/ounce, Costco 10 cents/ounce and Knudsen has their own juice for 25 cents/ounce. POM juice costs up to six times as much as other similar pomegranate juices. Not only that but it's not even the "best" pomegranate juice out there. POM is just reconstituted juice. Others sell pure pressed juice.

Finally, back to the Animal Rights Militia that started my investigation into POM juice. They sent a communique that stated they contaminated POM juice in three stores on the east coast. What did POM do? They sent out a press release stating it was just a hoax and the press shouldn't spread the story around. Do they know that for sure? No. They haven't even tested any of the juice yet. Do they tell people not to drink their juice? Do they offer a refund or exchange in case you already bought juice from that store? Do they post any information about the threat on their website? Do they even answer emails or phone calls about how one can tell if their juice bottle had been tampered with? No! It seems they care more about money than people.

I'm sitting here really confused. Why are people drinking POM juice? Their advertising is misleading. They have no research to back up their wildly exagerated health claims. Eating actual fruit is much better for you than drinking high calorie processed sugary juice. It's more expensive than just about any other brand. Bunnies and mice were treated inhumanely and killed for no reason. They care more about making money than saving people's lives. What am I missing here? I guess we consumers are as stupid as Resnick thinks. She's making millions off this stuff. She could sell yellow snow to eskimos. Resnick is definitely a modern day snake oil saleswoman extraordinaire.

POM Wonderful company sues people who speak out against them so I won't be signing my name. Feel free to add comments.

* I'm against anyone who commits illegal acts. I do not support anyone who threatens to poison people. People shouldn't be drinking POM for many other reasons besides the fact that it could be poisoned.

References:

The bio of Lynda Resnick from the Beverly Hills Chamber of Commerce
http://www.beverlyhillschamber.com/general.asp?id=635

Better Business Bureau's National Advertising Division. Search for POM reports.
http://www.nadreview.org/

POM Wondereful Juice home page. Check out their "research."
http://www.pomwonderful.com

Newsweek article about the Resnicks
http://www.msnbc.msn.com/id/14096868/site/newsweek/

2005 NAD press release about POM misleading advertising
http://www.nadreview.org/DocView.asp?PageContext=207462362517925&SessionID=1100337&DocumentID=4984

2006 NAD press release about POM misleading advertising
http://www.nadreview.org/DocView.asp?PageContext=2118111371179615871&SessionID=1100337&DocumentID=5504

POM Wonderful press release about poison hoax from PRNewsWire
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/12-19-2006/0004494352&EDATE=

Wild Oats stores pulls POM juice from shelves
http://today.reuters.com/news/articlenews.aspx?type=healthNews&storyID=2006-12-21T145449Z_01_N20430701_RTRUKOC_0_US-WILDOATS-POM.xml&WTmodLoc=HealthNewsHome_C2_healthNews-1

PETA did a page about POMs animal testing
http://www.peta.org/feat-Pom.asp