May 17, 2020

POM Wonderful: not so wonderful after all?

POM Wonderful
ruling
deceptive claims
lack of scientific
Admin
3 min
Not all of POM Wonderful's adverts were at fault
The term ‘superfood is undoubtedly one of the biggest buzz words in the healthcare sector at the moment, as consumers desperately try and find ea...

The term ‘superfood’ is undoubtedly one of the biggest buzz words in the healthcare sector at the moment, as consumers desperately try and find easy ways of living a healthy lifestyle. One of the most popular superfoods is pomegranates and pomegranate juice, and POM Wonderful is one of the world’s leading brands of pomegranate juice.

Until recently, POM Wonderful described its ‘100% Pomegranate Juice’ as having the ability to “treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction.”

However, last month a court ruled the company had made the claims in the absence of adequate scientific evidence. It comes after a complaint made in 2010 to the Federal Trade Commission (FTC) was upheld against the company, which was founded by billionaire couple Stewart and Lynda Resnick.

One POM Wonderful advert that attracted the majority of the attention was one that used the term “antioxidant superpower” to describe the pomegranate juice, and also claimed antioxidants could protect against the causes of cancer, Alzheimer’s disease and premature aging.

As a result, the company has been ordered to stop using statements that suggest POM Wonderful products are effective at preventing, curing or treating health conditions. But despite Judge D. Michael Chappell lambasting the “inadequate” evidence for some of the company’s adverts, not all of the POM Wonderful adverts that were part of the initial complaint were at fault.

And in a bit of good news for POM Wonderful, Chappell confirmed the company would not approach the US Food and Drug Administration (FDA) to get approval for advertising and marketing materials in the future. It “would constitute unnecessary overreaching,” he said.

Responding to the ruling, a POM Wonderful spokesperson said in a statement: “Through its lawsuit against POM, the FTC tried to create a new, stricter industry standard, similar to that required for pharmaceuticals, for marketing the health benefits inherent in safe food and natural food-based products. They failed.

“While we are still analysing the ruling, it is clear that we will be able to continue to promote the health benefits of our safe, food products without having our advertisements, marketing or public relations efforts pre-approved by the FDA and without having to rely on double-blind, randomised, placebo-controlled studies; the standard required for pharmaceuticals. We consider this not only to be a huge win for us, but for the natural food products industry.”

Stewart Resnick, the President of POM Wonderful’s parent company, Roll Global, added: “POM Wonderful 100% Pomegranate Juice has always been marketed to consumers in an honest manner, backed by scientific research. We have always believed in the power of the pomegranate and are pleased that we will be able to continue to showcase the fantastic health benefits inherent in this wonderful fruit.

“Our investment in research will continue as we seek ways to make a healthy difference in the lives of people who enjoy POM Wonderful 100% Pomegranate Juice and other Roll Global products. We are committed to sharing what we learn about health through research with consumers.”

Pom Wonderful’s ‘Aphrodite’ TV Commercial. The judge ruled not all of the company’s adverts were at fault

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Jun 20, 2021

Medical device companies: how to prepare for Brexit

medicaldevices
supplychain
Brexit
Compliance
Ed Ball
6 min
Ed Ball, Senior Associate at RQM+ , explains how medical device companies can prepare for post-Brexit compliance

Over the last decade, medical device businesses have been no strangers to regulatory changes and new compliance requirements. Companies with devices in the EU market have been working hard to achieve conformity with the requirements of the EU Medical Device Regulation 2017/745 (MDR) and In Vitro Diagnostic Regulation 2017/746 (IVDR), but the UK’s exit from the EU, effective as of 1st January 2021, demands yet another change: to comply with the new UK regulatory regime.

The Medicines and Medical Devices Act passed into law on 11 February 2021 does just that; it enables the UK to build its own regulatory system, although when this new framework will be fully in place is not yet known.

The transition to the UK’s new regulatory regime officially began on the 1st of January 2021, and with it a series of deadlines and phases that medical device manufacturers exporting to GB and Northern Ireland would do well to take close notice of. During the transition period, the UK Medical Devices Regulations (UK MDR) 2002, not to be confused with the EU MDR, will continue to apply in England, Scotland and Wales, whilst CE marked medical devices will still be accepted up to 30th June 2023.

The conformity assessment processes defined in the UK MDR 2002 (as amended) will require that medical devices carry the UKCA mark for entry in the GB market or the UKNI mark for entry in Northern Ireland (where the devices are not CE marked for the EU). In Northern Ireland, where the rules for placing a device on the market differ, the EU MDR and IVDR will apply in 2021 and 2022 respectively, in line with the EU’s implementation timeline. 

This easing-in period of transition is valuable time that should be used productively by manufacturers to ensure that they get up to speed, keep up with relevant updates and prepare strategies and product portfolio for the next phase. To do this, businesses should make sure they consider the following areas as they assess their strategy for UK market access:

Potential Overlap with EU MDR and IVDR
Medical device manufacturers have been working to implement measures to ensure they comply with EU MDR and IVDR for quite some time. The experience, processes and objective evidence that they have gathered in these efforts are certain to be of use when applying for UKCA marking. 

Rigorous Planning
Product portfolios and new product pipelines should be evaluated against both overall compliance risk and commercial and strategic value. By identifying the regulatory compliance status for each product for the UK market and the efforts required to maintain that compliance, manufacturers can plan to use the grace period up to June 2023 to complete their activities. These plans should also be evaluated in consideration of the commercial importance of the individual products to help prioritise the workload. This may well result in the decision to discontinue certain products in the UK or to introduce new products on the UK market ahead of other markets.

Engage with Approved Bodies
This activity cannot take place too soon; as of the 1st of January 2021, UK organisations that were acting as EU Notified Bodies have become Approved Bodies in the UK, while EU Notified Bodies are no longer able to provide conformity assessments under the UK regulations. As there are currently only three UK Approved Bodies offering this service, there is a very real risk that latecomers will struggle to find a UK Approved Body to carry out the conformity assessment required to attain their UKCA mark in time.

Authorised Representatives
Just as EU Notified Bodies are no longer relevant to pursuing UK certifications, UK-based Authorised Representatives are no longer valid when CE marking against the MDR or IVDR. Manufacturers using UK-based EU Authorised Representatives must switch to an EU-based Authorised Representative.

For the UK market, the role of the EU Authorised Representative is also no longer applicable. Non-UK manufacturers must have a UK-based Responsible Person (UKRP), which is equivalent to the EU Authorised Representative in terms of roles and responsibilities. Only one UKRP may be appointed, unlike EU Authorised Representatives, and they must have a registered place of business in the UK in order to register with the MHRA. Approved Bodies may be able to provide details of organisations acting as UKRPs and once this role has been assigned it will be critical for manufacturers to determine exact procedures for managing documentation and that clear communication channels are established. 

Labelling and Import/Export
New UK regulations require that medical devices bear a UKCA mark in addition to the name and address of the UKRP for non-UK based manufacturers. Manufacturers who use the same products/packs for the EU and UK markets will need to consider the impact of adding more content to their labels in terms of usability for the supply chain and end-users. 

While CE marking and certificates will continue to be recognised by the UK until June 2023, import/export administration is likely to change and become more burdensome. Manufacturers using separate products for GB (UKCA) and the EU and Northern Ireland (CE marked) will need to plan for how to ensure that the CE marked product is not shipped to GB post June 2023. Ensuring that processes and resources are in place to deal with developing situations will help manufacturers hit the ground running.

Clinical Investigations
Many businesses will find that clinical investigations are carried out across multiple sites, some of which are outside the UK. In these instances, manufacturers will do well to have a plan for implementation and management of investigations, in compliance with local requirements. It is likely that the MHRA will also continue to update their requirements for clinical trials in the UK.

Data Protection and Standards
New tensions are emerging between the EU and the UK concerning UK data protection rules and the EU’s General Data Protection Regulation (GDPR), suggesting that maintaining ‘equivalency’ may involve a number of different phases.

Compliance with applicable standards also requires close attention; the list of designated standards for medical devices issued by the UK’s Department for Health and Social Care is based on the list of harmonised standards published in the Official Journal of the EU, which in turn are harmonised to the MDD, AIMDD and IVDD. More recently published standards, however, have not been harmonised to the latter European directives and are thus not in the UK’s designated list, despite being considered state of the art. It would be prudent for manufacturers to monitor the state-of-the-art standards and apply where applicable, rather than rely on superseded and outdated standards.

As the UK moves into a new regulatory regime, medical device manufacturers who have already invested time and resources to comply with EU MDR and IVDR can use this to attain their UKCA mark. However, a dynamic compliance environment combined with the new onus relating to export policies means that close attention needs to be paid on numerous fronts. Keeping pace with this changing environment will ensure that manufacturers face the future with confidence and do not lose important space on their markets.

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