Erik S. Jaffe was on the brief for petitioner Matthew Tupper.
Bilal K. Sayyed was on the brief for amici curiae Consumer Healthcare Products Association and Council for Responsible Nutrition in support of petitioners.
Jonathan W. Emord was on the brief for amici curiae Alliance for Natural Health USA and TechFreedom in support of petitioners.
Jonathan E. Nuechterlein , General Counsel, Federal Trade Commission, argued the cause for respondent. With him on the brief were Joel Marcus , Assistant General Counsel, and Imad D. Abyad , Attorney. John F. Daly , Attorney, Federal Trade Commission, entered an appearance.
Opinion for the Court filed by Circuit Judge SRINIVASAN.
SRINIVASAN, Circuit Judge:
POM Wonderful, LLC produces, markets, and sells a number of pomegranate-based products. In a series of advertisements from 2003 to 2010, POM touted medical studies ostensibly showing that daily consumption of its products could treat, prevent, or reduce the risk of various ailments, including heart disease, prostate cancer...
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