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

question 126

Multiple Choice

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.