POM Wonderful LLC v. The Coca Cola Company
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-761 | 9th Cir. | Apr 21, 2014 | Jun 12, 2014 | 8-0 | Kennedy | OT 2013 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to POM Wonderful in this case.
Holding: Competitors may bring Lanham Act claims alleging unfair competition from false or misleading product descriptions on food and beverage labels regulated by the Federal Food, Drug and Cosmetic Act.
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Kennedy on June 12, 2014. Justice Breyer took no part in the consideration of this case.
SCOTUSblog Coverage
- Opinion analysis: The triumph of the Lanham Act (and of federal private rights of action) (John Duffy, June 13, 2014)
- Argument analysis: Justices skeptical of Cokes right to cheat consumers (Ronald Mann, April 22, 2014)
- Alito rejoins the Court in two cases (Lyle Denniston, April 16, 2014)
- Argument preview: Justices to consider truth-in-labeling fruit juices (Ronald Mann, April 15, 2014)
- Petition of the day (Mary Pat Dwyer, March 19, 2013)
| Date | Proceedings and Orders |
|---|---|
| 10/25/2012 | Application (12A420) to extend the time to file a petition for a writ of certiorari from November 6, 2012 to December 21, 2012, submitted to Justice Kennedy. |
| 10/31/2012 | Application (12A420) granted by Justice Kennedy extending the time to file until December 21, 2012. |
| 12/21/2012 | Petition for a writ of certiorari filed. (Response due January 25, 2013) |
| 01/10/2013 | Order extending time to file response to petition to and including February 25, 2013. |
| 02/22/2013 | Brief of respondent The Coca-Cola Company in opposition filed. |
| 03/06/2013 | DISTRIBUTED for Conference of March 22, 2013. |
| 03/07/2013 | Reply of petitioner POM Wonderful LLC filed. (Distributed) |
| 03/25/2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition. |
| 11/27/2013 | Brief amicus curiae of United States filed. |
| 12/10/2013 | Supplemental brief of petitioner POM Wonderful LLC filed. |
| 12/11/2013 | DISTRIBUTED for Conference of January 10, 2014. |
| 12/17/2013 | Supplemental brief of respondent The Coca-Cola Company filed. (Distributed) |
| 01/10/2014 | Petition GRANTED. Justice Breyer and Justice Alito took no part in the consideration or decision of this petition. |
| 02/11/2014 | SET FOR ARGUMENT ON Monday, April 21, 2014 |
| 02/14/2014 | Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. |
| 02/14/2014 | Record received from U.S.D.C. Central District of California is located on PACER. A portion of this record is SEALED. |
| 02/24/2014 | Joint appendix filed. (Statement of costs filed.) |
| 02/24/2014 | Brief of petitioner POM Wonderful LLC filed. |
| 03/03/2014 | Brief amicus curiae of the United States in support of neither party filed. |
| 03/03/2014 | Brief amicus curiae of International Trademark Association filed. |
| 03/03/2014 | Brief amicus curiae of Generic Pharmaceutical Association in support of neither party filed. |
| 03/03/2014 | Brief amicus curiae of Alaska, et al. filed. |
| 03/03/2014 | Brief amicus curiae of FDA Commissioner Dr. Donald Kennedy filed. |
| 03/03/2014 | Brief amicus curiae of The American Intellectual Property Law Association in support of neither party filed. |
| 03/03/2014 | Brief amici curiae of Public Citizen, Inc., et al. filed. |
| 03/10/2014 | CIRCULATED. |
| 03/26/2014 | Brief of respondent The Coca-Cola Company filed. (Distributed) |
| 04/02/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 04/02/2014 | Brief amicus curiae of Dr. Michael Friedman, Former Acting Commissioner and Lead Deputy Commissioner for the United States FDA filed. (Distributed) |
| 04/02/2014 | Brief amicus curiae of American Beverage Association filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. (Distributed) |
| 04/02/2014 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| 04/11/2014 | Reply of petitioner POM Wonderful LLC filed. (Distributed) |
| 04/16/2014 | Justice Alito is no longer recused in this case. |
| 04/18/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Breyer took no part in the consideration or decision of this motion. |
| 04/21/2014 | Argued. For petitioner: Seth P. Waxman, Washington, D. C. For the United States, as amicus curiae: Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Kathleen M. Sullivan, New York, N. Y. |
| 06/12/2014 | Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which all other Members joined, except Breyer, J., who took no part in the consideration or decision of the case. |
| 07/14/2014 | JUDGMENT ISSUED. |