Lessons from the Juice Wars

In its most important decision on the substantiation doctrine in years, the FTC dealt a harsh blow to POM Wonderful and disappointed an enforcement staff that wanted tougher rules. Bill MacLeod, partner at Kelley Drye & Warren LLP, and Adam Newton, associate general counsel — associate director at The Procter & Gamble Company, discussed a case in which a divided FTC argued over whether and how well the brand tailored its claims to match the evidence it had.