POM Wonderful Announces Purely Juice Found Guilty of Deceiving Customers With Adulterated...

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Tue Jul 22, 2008 9:01am EDT

POM Wonderful Announces Purely Juice Found Guilty of Deceiving Customers With
Adulterated Pomegranate Juice and False Advertising
Federal Court Rules Purely Juice Liable; Must Pay $1.5 Million in Damages

LOS ANGELES, July 22 /PRNewswire/ -- POM Wonderful announced today a legal
victory for consumers when a US District Federal Court in Los Angeles found in
favor of POM Wonderful in its lawsuit against Purely Juice, Inc. for false
advertising and misleading marketing.  In 2007, POM Wonderful filed a federal
lawsuit against Purely Juice claiming it was deceiving consumers by selling
adulterated, imported pomegranate juice.  Purely Juice marketed and labeled
its product as 100% pomegranate juice, when in fact, seven independent labs
verified that Purely Juice's "100% pomegranate juice" "is not pure pomegranate
juice," but rather "consists primarily of cane sugar and corn sweetener, and
contains little pomegranate solids." Additional independent lab testing showed
evidence of repeated adulteration over a period of several months.
    The Court ruling made several important findings including:
    -- "Purely Juice does not grow and process its own pomegranates.  Instead
       Purely Juice relies on a broker, Perma Pom, to secure pomegranate juice
       from foreign suppliers in Iran."
    -- "In 2006, it was widely known in the super premium juice industry that
       there were serious issues of adulteration with pomegranate juice
       concentrate originating from outside the United States.  The Court
       finds that defendants [Purely Juice] knew, or should have known, of
       these issues of juice adulteration."
    -- "If a product labeled as '100% pomegranate' juice is not, in fact,
       genuine pomegranate juice, it may not have the same chemical and
       nutritional properties, such as high levels of unique polyphenols, as
       real pomegranate juice.  Added sugar and other undisclosed adulterants,
       such as those included in Purely Juice's product, dilute the
       concentration of pomegranate-specific compositions such as unique
       polyphenols, that have been shown to have various significant health
       benefits and, worse, the adulterants themselves could cause
       unanticipated negative health effects."
    -- "Purely Juice's own testing confirmed adulteration."
    -- "Purely Juice did not, however, recall any product which Purely Juice's
       own tests had revealed to be adulterated."
    -- "Scientists have determined that 100% pomegranate juice has high levels
       of unique polyphenols that are largely responsible for the proven
       health benefits associated with 100% pomegranate juice.  Polyphenols
       are important antioxidants that are particularly effective at
       neutralizing free radicals, preventing oxidation of LDL cholesterol and
       plaque build-up in the blood vessels, and preserving nitric oxide, a
       key chemical in the body for regulating blood flow and maintaining
       vessel health."
    -- "In addition to cardiovascular benefits, some scientific research shows
       that the high levels of polyphenols in 100% pomegranate juice have
       great promise in inhibiting cancer, particularly prostate cancer, as
       well as numerous chronic diseases associated with aging such as heart
       disease, Alzheimer's disease, and dementia.  Research also indicates
       that 100% pomegranate juice may benefit diabetics."
    -- "Consumers are likely to base their purchasing decisions upon precisely
       the kinds of false statements contained in Purely Juice's marketing,
       particularly the untrue statements about its products consisting of
       '100% pomegranate juice' and containing 'no sugar added.'"
    -- "Purely Juice's '100% Pomegranate' product is sold for less per ounce
       than plaintiff's POM Wonderful 100% pomegranate juice product.  Purely
       Juice markets itself as a lower priced option to plaintiff.  Purely
       Juice would have lost most or all of its market share had they not
       misrepresented the content of its juice."
    -- "Purely Juice's advertising from January 7, 2007 to August 30, 2007 was
       literally false, as demonstrated by the independent tests performed by
       seven different laboratories.  Although Purely Juice claimed that its
       adulterated "100% Pomegranate" product consisted of "100% pomegranate
       juice" and contained 'NO added sugar or sweeteners,' independent
       laboratory testing of the juice found these statements to have been
       false."
    -- "Through its investment of millions of dollars to research and promote
       the nutritional qualities and health benefits associated with
       pomegranate juice, POM Wonderful has largely created the burgeoning
       market for genuine pomegranate juice that exists today."


    The following is a statement released today by POM Wonderful President
Matt Tupper:
    "This is as much a victory for consumers as it is for POM Wonderful and it
serves as a powerful example of why consumers should demand to know the origin
of their pomegranate juice and always check the back labels to scrutinize
juice content. Through deceptive packaging, promoting and labeling, Purely
Juice has been marketing its product as 100% pomegranate juice.  However,
seven independent labs confirmed that Purely Juice was adulterated with added
sugar, added color and filler juices."
    "Our research shows that the primary reason that our customers drink
pomegranate juice is for the health benefits.  So when consumers see a juice
product with a picture of a pomegranate and the words '100% juice' prominently
displayed on the front label, they think of powerful health benefits.  And
they trust that the manufacturer is taking whatever steps necessary to
guarantee 100% authenticity, purity, and genuine health benefits."
    "Unfortunately, Purely Juice took advantage of consumers seeking these
health benefits by advertising and labeling its product as '100% pomegranate
juice' with 'no sugar added' and offering it at lower price.  Yet, they knew
full well they were selling adulterated juice."
    "We hope this ruling serves as a wake-up call for all pomegranate juice
producers to ensure their labels communicate clearly the origin and actual
ingredients of their products.  The reality is that there are not enough
pomegranates grown throughout the world to satisfy the rising consumer demand
for pomegranate juice.  Many juice suppliers, particularly those exporting
from foreign countries, make up for this deficit by adding sugar, colorants,
and cheap filler juices to what they market as '100% pomegranate juice.'
Unfortunately, this is not a problem unique to pomegranate juice; adulteration
of orange, apple, and cranberry juice has occurred for decades as unscrupulous
suppliers attempt to add to their economic bottom line by cheating consumers
of real ingredients."
    "POM Wonderful is unique because we guarantee 100% authentic pomegranate
juice by controlling the juicing process at every step along the way.  We
start by growing our own 'Wonderful' variety of pomegranates in
California'sSan Joaquin Valley, and then we employ our own proprietary juicing
facilities
to deliver the optimal combination of delicious taste and powerful
antioxidants.  We never use imported pomegranate juice."
    "As the first refrigerated 100% pomegranate juice on the market and the
only one to be supported by $25 million in medical research, POM Wonderful
Pomegranate Juice is considered the gold standard.  Over the last decade, 10
clinical studies have been published in peer-reviewed journals documenting the
beneficial effects of POM Wonderful 100% Pomegranate Juice on human health; in
particular, results from heart, prostate and erectile health studies have
shown encouraging promise.  No other commercially available pomegranate juice
has been tested in clinical trials."
    "As this important ruling shows, if consumers want to be sure they are
getting the pomegranate health benefits they have heard about, they should
drink only 100% pomegranate juice from the 'Wonderful' variety fruit of
verified origin and proven authenticity."
    For more information, visit pomegranatetruth.com.
    About POM Wonderful
    POM Wonderful is the largest producer of California Wonderful
pomegranates, and the company exclusively grows and sells this variety.  POM
Wonderful's pomegranates grow in central California's sunny San Joaquin
Valley.  Fresh pomegranates are in season from October through January and
November is National Pomegranate Month.
    The company also juices its fresh pomegranates to make its delicious,
all-natural, POM Wonderful Pomegranate Juice.  POMx is a highly-concentrated,
incredibly powerful blend of all-natural polyphenol antioxidants harnessed
from the same Wonderful variety pomegranates by a patent-pending process.
POMx is available exclusively in POM Tea, POMx Pills and POMx Liquid.
    POM Wonderful Pomegranate Juice and POM Tea are available year-round at
retail and are found in the refrigerated section of supermarkets and grocery
stores nationwide.  POMx Pills and POMx liquid are available at
http://www.pompills.com.  To learn more, visit http://www.pomwonderful.com.
SOURCE  POM Wonderful

Rob Six of POM Wonderful, +1-310-966-3517, rsix@pomwonderful.com
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