Several of the people spoke to noted that one of the most interesting aspects of this case is the aggressiveness of POM's legal defense. Unlike Nestle and Iovate Health Sciences, the pomegranate company has refused to back down and accept the FTC's consent decree. Enabling the company's unwavering stance are POM's owners, Lynda and Stewart Resnick, who also own Fiji Water and the flower-delivery service Teleflora. "I would hope that the Resnick's go to the mat with the FTC on this," said John Grubb, a managing partner at the Sterling-Rice Group. "They certainly have the resources—and they have invested significantly in their own research."

It's not just the Resnick's deep pockets that are fueling this battle, though. Nestle and Iovate are both resource-rich—but in the case of Nestle, it's BOOST Kids Essentials Drink wasn't likely important enough for the company to justify waging a legal war with the FTC; and as for Iovate, the company is still trying to recover from the 2009 recall of its popular Hydroxycut weight-loss supplement and, thus, can't stomach any additional distractions. The Resnicks, on the other hand, seem motivated to "stand their ground and test the FTC's expanding authority," Israelsen said. "POM's owners are independently wealthy, and they are extremely good marketers."