Federal regulators sued the makers POM Wonderful LLC , which is the pomegranate fruit drink that comes in a distinctive double-bulb shaped bottle.  The government has been taking a hard look at the health benefits touted in food advertisements.  Over the past year, there were a series of actions taken to rein in cereal makers who seemed to imply their products were a bit more than just cereal.  But in those cases, the companies mostly ceded to the warnings.

 In the POM case, the makers are claiming the lawsuit is a violation of their constitutional rights, specifically their first amendment rights.  

While watching this case unfold, I was immediately reminded of PLI’s treatise on the subject.  Advertising and Commercial Speech: A First Amendment Guide is a treatise that examines the origin, meaning, and legal evolution of the Supreme Court’s commercial speech doctrine, focusing on how this central doctrine’s rights and restrictions affect advertising in nearly 50 industries and professions.  It’s a title that answers the questions:

When are advertisers especially vulnerable to lawsuits?

What legal protections do they enjoy?

What is the prevailing law in this volatile area?

If you are interested in learning more, there is a sample chapter available.  To order the title, click here or email libraryrelations@pli.edu.