Write 2 Paragraphs For Your Response. Make Sure Each Paragraph SHOULD Have at least 5 Sentences: Your thoughts/comments for case below CASE 13.1 POM Wonderful, LLC v. Federal Trade Commission United States Court of Appeals, District of Columbia Circuit. 777 F.3d 478 (2015). iStockphoto.com/gresei FACTS POM Wonderful, LLC makes and sells the risk of serious disease. To establish such a rela- pomegranate-based products. In ads, POM touted tionship, however, requires RCTs. The FTC exam- medical studies claiming to show that daily con- ined the studies that POM cited and concluded sumption of its products could treat, prevent, or that the studies did not qualify as RCTs that would reduce the risk of heart disease, prostate cancer, adequately substantiate POM's claims. and erectile dysfunction. These ads mischaracter- Experts in cardiology and urology require "ran- ized the scientific evidence. domized, double-blinded, placebo-controlled clini- The Federal Trade Commission (FTC) charged cal trials to substantiate any claim that a product POM with, and held POM liable for, making false, treats, prevents, or reduces the risk of disease." misleading, and unsubstantiated representations What kinds of health daims Investigators can use an RCT's control group to in violation of the FTC Act. POM was barred from about pomegranate juice distinguish the real effects of a tested product can its producer make? running future ads asserting that its products from other changes, such as those due to the act treat or prevent any disease unless "randomized, of being treated (the placebo effect). The random controlled, human clinical trials" (RCTS, for "randomized controlled assignment of a subject to a treatment or control group increases trials") demonstrated statistically significant results. POM petitioned the likelihood that the groups are similar, so that any difference in the U.S. Court of Appeals for the District of Columbia Circuit to the outcome between the groups can be attributed to the treatment. review this injunctive order. When a study is double-blinded, the participants and the investiga tors do not know who is in which group, making bias less likely to ISSUE Can an advertising claim based on limited scientific evidence affect the results. be deemed deceptive? CRITICAL THINKING-Ethical Consideration POM argued that it DECISION Yes. The U.S. Court of Appeals for the District of Colum- is unethical to require RCTs to substantiate disease-related claims about bia Circuit enforced the FTC's order. "An advertiser who makes food products because "doctors cannot ... ethically deprive a control express representations about the level of support for a particular group of patients of all Vitamin C for a decade to determine whether claim must possess the level of proof claimed in the ad and must con- Vitamin C helps prevent cancer." Is this a valid araument? Why or why vey that information to consumers in a non-misleading way." REASON POM's ads conveyed the impression that clinical studies had established the ability of its products to treat, prevent, or reduce not