Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

POM Wonderful LLC v. The Coca Cola Company

Docket No. Op. Below Argument Opinion Vote Author Term
12-761 9th Cir. Apr 21, 2014
Tr.Aud.
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

DateProceedings and Orders
Oct 25 2012Application (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.
Oct 31 2012Application (12A420) granted by Justice Kennedy extending the time to file until December 21, 2012.
Dec 21 2012Petition for a writ of certiorari filed. (Response due January 25, 2013)
Jan 10 2013Order extending time to file response to petition to and including February 25, 2013.
Feb 22 2013Brief of respondent The Coca-Cola Company in opposition filed.
Mar 6 2013DISTRIBUTED for Conference of March 22, 2013.
Mar 7 2013Reply of petitioner POM Wonderful LLC filed. (Distributed)
Mar 25 2013The 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.
Nov 27 2013Brief amicus curiae of United States filed.
Dec 10 2013Supplemental brief of petitioner POM Wonderful LLC filed.
Dec 11 2013DISTRIBUTED for Conference of January 10, 2014.
Dec 17 2013Supplemental brief of respondent The Coca-Cola Company filed. (Distributed)
Jan 10 2014Petition GRANTED. Justice Breyer and Justice Alito took no part in the consideration or decision of this petition.
Feb 11 2014SET FOR ARGUMENT ON Monday, April 21, 2014
Feb 14 2014Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.
Feb 14 2014Record received from U.S.D.C. Central District of California is located on PACER. A portion of this record is SEALED.
Feb 24 2014Joint appendix filed. (Statement of costs filed.)
Feb 24 2014Brief of petitioner POM Wonderful LLC filed.
Mar 3 2014Brief amicus curiae of the United States in support of neither party filed.
Mar 3 2014Brief amicus curiae of International Trademark Association filed.
Mar 3 2014Brief amicus curiae of Generic Pharmaceutical Association in support of neither party filed.
Mar 3 2014Brief amicus curiae of Alaska, et al. filed.
Mar 3 2014Brief amicus curiae of FDA Commissioner Dr. Donald Kennedy filed.
Mar 3 2014Brief amicus curiae of The American Intellectual Property Law Association in support of neither party filed.
Mar 3 2014Brief amici curiae of Public Citizen, Inc., et al. filed.
Mar 10 2014CIRCULATED.
Mar 26 2014Brief of respondent The Coca-Cola Company filed. (Distributed)
Apr 2 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 2 2014Brief amicus curiae of Dr. Michael Friedman, Former Acting Commissioner and Lead Deputy Commissioner for the United States FDA filed. (Distributed)
Apr 2 2014Brief amicus curiae of American Beverage Association filed. (Distributed)
Apr 2 2014Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. (Distributed)
Apr 2 2014Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Apr 11 2014Reply of petitioner POM Wonderful LLC filed. (Distributed)
Apr 16 2014Justice Alito is no longer recused in this case.
Apr 18 2014Motion 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.
Apr 21 2014Argued. 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.
Jun 12 2014Judgment 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.
Jul 14 2014JUDGMENT ISSUED.
 
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