But others see things a bit differently. James Tonkin, president of HealthyBrand Builders, a functional beverage consulting firm, feels this case has been a long time in the making. Furthermore, Tonkin said that he supports an outcome that will protect the "unsuspecting and plausibly uninformed masses" from claims that are overstated or fabricated in the name of sales and marketing. "Although the Resnicks state emphatically that they have lots of scientific support to make the antioxidant and other health claims about pomegranates and their POM Wonderful concoctions, they have clearly stepped over the line," Tonkin said. "The government needs to slap the hand of all brand marketers that flagrantly defy government standards of commentary [and] market hyperbole [in their] label claims."

"The government feels that they have a claim against POM; and frankly, I have felt that way for a long time," added Tonkin, who emphasized that he is not trying to single out POM, but include them. "Consumers must have confidence in the brand marketer's messaging, such that they can believe a product will do what it says it will do."