Lawyers for POM, including Barry Coburn of Washington’s Coburn & Coffman, are seeking a declaration in the court that the FTC’s new standard is invalid and that the agency has overstepped its authority by allegedly encroaching on the Food and Drug Administration.

The new standards, POM’s attorneys said, requires advertisers to obtain FDA approval before making certain types of health related claims — specifically, disease claims — about food, beverages and dietary supplements.