POM Wonderful Appeals FTC Decision and Order but Does not Request a Stay

By Riëtte van Laack –

As we previously reported in January 2013, the Federal Trade Commission (“FTC”) determined that POM Wonderful, LLC’s advertising for its products violated the FTC Act and issued a cease and desist order restraining POM’s future advertising.

On March 8, 2013, POM filed a petition for review of the FTC’s Order in the D.C. Circuit.  Surprisingly, however, POM did not request a stay from FTC and, has not sought a stay from the D.C. Circuit.  Thus, the January 2013 cease and desist order has become effective.

Dispositive motions with regard to POM’s D.C. Circuit lawsuit are due on April 25, 2013.