Unfortunately, advertising isn’t quite held to the same ethical bar that journalism (usually) is. There’s a careful and deliberate selection of each and every word in an ad—and you’re delusional if you think otherwise. But the folks over at POM Wonderful pomegranate juice have taken their selectivity a bit far this week in rolling out an ad campaign that serves as their rebuttal of sorts to the false advertising ruling made by Judge D. Michael Chappell.
Judge Chappell’s ruling was in response to an FTC complaint regarding the alleged health claims that POM was making about the popular juice. The bottom line? POM was found to have insufficient evidence to support its claims that its pomegranate juice reduced the risk of heart disease—as well as prostate cancer (and even impotence—gee, maybe they should’ve teamed up with Merck to help Propecia victims overcome ED while they were at it). The judge also issued a cease-and-desist order that forbids POM from making such claims for 20 years.
So what does POM do? In true catfight fashion, they stoop to childlike tactics and run some ads that use pull-quotes from the judge’s ruling—out of context. For example, one ad states (from the ruling) that, “Competent and reliable scientific evidence supports the conclusion that the consumption of pomegranate juice and pomegranate extract supports prostate health, including by prolonging PSA doubling time in men with rising PSA after primary treatment for prostate cancer”
But it cuts off there without the following statement: “However, the greater weight of the persuasive expert testimony shows that the evidence relied upon by the respondents is not adequate to substantiate claims that POM products treat, prevent or reduce the risk of prostate cancer or that they are clinically proven to do so.”
It’s an interesting ‘rebuttal’ as, without clinical studies supporting the health claims—studies that would stand up in a court of law, that is—the ads POM is running could actually backfire; after all, rather than just go quietly and not draw further attention to the ruling, now the media will be all over the ads (as we are). And without the ‘scientific proof’ it certainly starts to become transparent that this may well be more about sales and revenue impact than any grand gesture to promote the curative benefits of some medicinal elixir.
Well, as they say, you be the judge—and let us know what you think.