Federal Trade Commission
Protecting America's Consumers
In the Matter of POM Wonderful LLC and Roll Global LLC, as successor in interest to Roll International Corporation, companies, and Stewart A. Resnick, Lynda Rae Resnick, and Matthew Tupper, individually and as officers of the companies
FTC File No. 082-3122
Docket No. 9344
January 16, 2013
- Opinion of the Commission, By Commissioner Maureen K. Ohlhausen
- POM Claims Appendix (Appendix A)
- POM Figures Appendix (Appendix B)
- POM Figures 34-39 (Appendix B Video Files)
- Summary Table of Commission Findings Regarding POM Exhibits
- Concurring Statement of Commissioner Ohlhausen
- Concurring Statement of Commissioner Rosch
- Final Order
- News Release
November 27, 2012
- Commission Order Extending Timetable for Issuing Final Decision and Order
September 10, 2012
- Corrections to Complaint Counsel's Compilation of Materials for Oral Argument
August 21, 2012
- Notice of Appearance by Counsel for Respondent Matthew Tupper
August 16, 2012
- Complaint Counsel's Compilation of Materials to Present During Oral Argument [PDF - 41 pages]
July 27, 2012
- Complaint Counsel's Reply Brief to Respondents' Answering Brief
- Reply Brief of Respondents Pom Wonderful LLC, Roll Global, Stewart A. Resnick, and Lynda Rae Resnick
- Respondent Matt Tupper's Reply to Complaint Counsel's Answering Brief
July 25, 2012
- Commission Order Ruling On Motion To Reopen the Record and Motion For Leave To File A Reply
July 18, 2012
- Complaint Counsel's Answering Brief to Respondents' Appeal Brief
- Complaint Counsel's Answering Brief as to Respondent Matthew Tupper's Appeal of the ALJ's Initial Decision
- Answering Brief of Respondents POM Wonderful LLC, Roll Global, Stewart A. Resnick, Lynda Rae Resnick, and Matthew Tupper
July 6, 2012
- Respondents' Opposition to Complaint Counsel's Motion for Leave to File Reply
July 2, 2012
- Complaint Counsel's Motion for Leave to File Reply in Support of its Motion to Reopen the Record and Admit: Respondents’ Post-Initial Decision Advertisements and Complaint Counsel's Authenticating Declaration
June 25, 2012
- Respondent Matthew Tupper's Opposition to Complaint Counsel's Motion to Reopen the Record
- Respondents' Opposition to Complaint Counsel's Motion to Reopen the Record
June 21, 2012
- Commission Order Scheduling Oral Argument
June 18, 2012
- Complaint Counsel’s Appeal Brief
- Respondents Pom Wonderful LLC, Roll Global, Stewart A. Resnick, and Lynda Rae Resnick's Brief on Appeal from the ALJ's Initial Decision
- Respondent Matthew Tupper's Brief on Appeal from the ALJ's Initial Decision
June 14, 2012
- Respondent's Unopposed Motion to Schedule Oral Argument
June 13, 2012
- Complaint Counsel's Motion to Reopen the Record and Admit Respondents' Post-initial Decision Advertisements and Complaint Counsel's Authenticating Declaration
June 4, 2012
- Complaint Counsel's Notice of Appeal
- Notice of Appeal by Respondents POM Wonderful LLC, Roll Global, Stewart A. Resnick, and Lynda Rae Resnick
- Notice of Appeal by Respondent Matthew Tupper
May 31, 2012
- Notice of Appearance by Counsel for the Respondents
May 21, 2012
- Initial Decision by Chief Administrative Law Judge D. Michael Chappell, Filed on May 17, 2012
- ALJ Order
- News Release
April 16, 2012
- Administrative Law Judge's Order Extending Time for Filing Initial Decision Pursuant to Commission Rule 3.51
February 8, 2012
- Respondent Matthew Tupper’s Reply to Complaint Counsel’s Post-trial Brief
February 7, 2012
- Complaint Counsel’s Post-trial Reply Brief
- Complaint Counsel’s Reply to Respondents’ Proposed Findings of Fact
- Complaint Counsel's Reply to Respondent Matthew Tupper's Post-trial Brief
- Respondents’ Reply Appendix of Advertisements
- Respondents’ Reply to Complaint Counsel’s Post-trial Brief
- Respondents’ Reply to Complaint Counsel’s Proposed Findings of Fact and Conclusions of Law
January 26, 2012
- Administrative Law Judge’s Order Setting Closing Arguments and Granting Respondents' Motion Regarding Scheduling
January 25, 2012
- Complaint Counsel's Opposition to Respondents' Motion Regarding Scheduling of Closing Argument
- Respondents’ Motion Regarding Scheduling of Closing Argument
January 13, 2012
- Respondents' Post-trial Brief - Corrected Copy
January 12, 2012
- Respondent Matthew Tupper's Post-trial Brief
January 11, 2012
November 18, 2011
- Administrative Law Judge’s Order on Post-trial Briefs
- Administrative Law Judge’s Order Closing Hearing Record
- Administrative Law Judge’s Order on Respondents' Motion to Extend the Closing of the Record and to Compel Complaint Counsel to Further Define the Advertisements and Claims at Issue in this Case, and on Respondents' Motion for Leave to File Reply
- Administrative Law Judge’s Order Denying Respondents' Motion to Admit Documents
November 17, 2011
- Complaint Counsel's Opposition to Respondents' Motion for Admission of Documents into the Evidentiary Record
- Respondent’s Motion for Leave to File a Reply
November 16, 2011
- Respondents' Motion for Admission of Documents
November 14, 2011
- Administrative Law Judge’s Order Summarizing Bench Ruling on Complaint Counsel's Motion to Call Rebuttal Fact Witness
- Respondents' Motion to Extend the Closing of the Record and to Compel Complaint Counsel to Further Define the Advertisements And Claims at Issue in this Case
- Joint Stipulations
October 19, 2011
- Administrative Law Judge’s Order Denying Respondents' Motion to Strike
October 17, 2011
- Letter to The Honorable D. Michael Chappell, Chief Administrative Law Judge, from Counsel for the Respondent’s in Support of Respondents’ Motion to Strike the Bovitz Survey
- Complaint Counsel’s Opposition to Respondents’ Motion to Strike the Bovitz Survey
October 11, 2011
- Respondents’ Opposition to Complaint Counsel's Motion for Leave to Call a Rebuttal Witness
October 7, 2011
- Complaint Counsel's Motion for Leave to Call Rebuttal Fact Witness and Memorandum in Support Thereof
- Motion to Strike the Bovitz Survey
May 24, 2011
- Administrative Law Judge’s Order on in Camera Treatment
May 20, 2011
- Administrative Law Judge’s Order Granting Consent Motion to Amend Scheduling Order
- Respondent Matthew Tupper's Pretrial Brief
- Respondents' Pretrial Brief (Corrected Copy) [Redacted Public Version]
- Complaint Counsel's Notice of Withdrawal of its Motion for a Determination That Any Privileges Associated with Three Documents Were Waived by Respondents
May 19, 2011
- Administrative Law Judge’s Order on Respondents’ Renewed Motion for in Camera Treatment
May 17, 2011
- Complaint Counsel’s Motion, and Memorandum in Support, for a Determination that any Privileges Associated with Three Documents were Waived by Respondents
- Complaint Counsel’s Response to Respondents’ Renewed Motion for in Camera Treatment
May 13, 2011
- Complaint Counsel’s Pre-trial Brief [Corrected]
- Respondents’ Renewed Motion for in Camera Treatment
May 9, 2011
- Administrative Law Judge’s Order on Respondents’ Motion for in Camera Treatment
- Administrative Law Judge’s Order on John Hopkins University and Michael A. Carducci M.D.’s Motion for in Camera Treatment
May 6, 2011
- Administrative Law Judge’s Order Denying Respondents’ Motion in Limine to Exclude POM Advertisements Published Prior to 2006
- Administrative Law Judge’s Order on Complaint Counsel’s Motion for in Camera Treatment for Certain Documents Produced by the Food and Drug Administration
May 5, 2011
- Administrative Law Judge’s Order Denying Respondents’ Motion in Limine to Exclude Undisclosed Opinions of Complaint Counsel’s Experts
May 3, 2011
- Administrative Law Judge’s Order Granting Consent Motion for Joint Scheduling Conference
May 2, 2011
- Consent Motion for Joint Scheduling Conference and Memorandum in Support Thereof
- Complaint Counsel's Opposition to Respondents' Motion in Limine to Exclude Pom Advertisements Published Prior to 2006
- Complaint Counsel's Response to Respondents' Motion Requesting in Camera Treatment
- Complaint Counsel's Response and Opposition to Respondents' Motion in Limine to Exclude Undisclosed Opinions of Complaint Counsel's Experts
April 20, 2011
- Non-Parties Johns Hopkins University and Michael A. Carducci M.D.'s Motion for in Camera Treatment
- Notice of Appearance Filed by Counsel for Respondent Non-Party Johns Hopkins University
- Complaint Counsel’s Motion Requesting in Camera Treatment of Certain Documents Produced by the Food and Drug Administration
- Respondents’ Motion in Limine to Exclude Undisclosed Opinions of Complaint Counsel’s Experts
- Respondents’ Motion for in Camera Treatment
- Respondents’ Motion in Limine and Memorandum in Support To Exclude Historical Pom Advertisements Published Prior To 2006
April 19, 2011
- Motion to Extend the Scheduling Order Deadlines for Submission of Motions in Limine Regarding Complaint Counsel’s Rebuttal Expert Witnesses
April 12, 2011
- Notice of Appearance Filed by Counsel for the Respondents
April 8, 2011
- Commission Order Regarding Scheduling
April 5, 2011
- Administrative Law Judge’s Order Granting Consent Motion to Allow Complaint Counsel to Designate an Additional Rebuttal Expert and to Amend Scheduling Order
April 4, 2011
- Consent Motion to Allow Complaint Counsel to Designate an Additional Rebuttal Expert and to Amend Scheduling Order and Memorandum in Support
March 23, 2011
- Consent Motion to Amend Scheduling Order and Memorandum in Support Thereof
March 22, 2011
- Administrative Law Judge’s Order Granting Consent Motion to Substitute Roll Global LLC as Respondent
March 18, 2011
- Administrative Law Judge’s Order Granting Motion to Extend Deadlines for Expert Reports
- Consent Motion to Substitute Roll Global LLC, as Successor in Interest to Roll International Corp., as a Respondent
- Respondents’ Consented to Motion to Extend the Scheduling Order Deadlines for Submission of Expert Reports
- Pom Wonderful LLC's Response to Request for Admissions
March 16, 2011
- Administrative Law Judge’s Order Granting Joint Motion to Extend Deadlines for Submission and Rebuttal of Expert Report
- Administrative Law Judge’s Order on Respondent Pom Wonderful LLC's Motion to Compel Further Responses to First Set of Interrogatories to Complaint Counsel
March 15, 2011
- Joint Motion to Extend the Scheduling Order Deadlines for Submission of Expert Report by Ronald Butters
- Administrative Law Judge’s Order on Complaint Counsel's Motion to Compel Production of Documents and Interrogatory Responses from Respondent Pom Wonderful LLC
March 14, 2011
March 11, 2011
- Complaint Counsel's Opposition to Respondent Pom Wonderful LLC's Motion To Compel Further Responses to First Set of Interrogatories to Complaint Counsel
March 9, 2011
- Respondent Pom Wonderful LLC's Opposition to Complaint Counsel's Motion to Compel Production of Documents and Interrogatory Responses
March 4, 2011
- Respondent Pom Wonderful LLC’s Motion and Memorandum To Compel Further Responses to First Set of Interrogatories to Complaint Counsel
- Complaint Counsel's Motion and Memorandum To Compel Production of Documents and Interrogatory Responses from Respondent Pom Wonderful LLC
March 3, 2011
- Administrative Law Judge’s Order Revising Scheduling Order
February 28, 2011
- Administrative Law Judge’s Order Granting Joint Motion for Scheduling Motions to Compel
- Administrative Law Judge’s Order Granting Joint Motion to Amend Scheduling Order
February 25, 2011
- Administrative Law Judge’s Order Granting Complaint Counsel's Motion to Amend Scheduling Order
- Joint Motion for Scheduling Motions to Compel
- Joint Motion to Amend Scheduling Order
February 24, 2011
- Respondents’ Opposition to Complaint Counsel’s Motion to Amend Scheduling Order
February 23, 2011
- Administrative Law Judge's Order on Cross-motions Regarding Limitation on Number of Expert Witnesses Designated by Respondents
February 22, 2011
- Administrative Law Judge's Order Granting Joint Motion for Scheduling Motions to Compel
February 18, 2011
February 17, 2011
- Administrative Law Judge's Order Granting Complaint Counsel's Motion to Shorten Respondents' Time to Respond to Motion to Amend Scheduling Order
- Respondents' Opposition to Complainant's Motion to Limit Respondents to Five Expert Witnesses
February 16, 2011
- Complaint Counsel's Motion to Shorten Respondents' Time to Respond to the Motion to Amend Scheduling Order
- Complaint Counsel's Motion to Amend Scheduling Order and Memorandum in Support Thereof
February 15, 2011
- Respondents' Response to Complainant's Motion to Shorten Time
- Respondents' Renewed Motion to Exceed the Five (5) Expert Limit And Memorandum in Support
February 14, 2011
- Complaint Counsel's Opposition to Respondents' Renewed Motion to Exceed Five (5) Expert Limit
February 11, 2011
February 10, 2011
- Complaint Counsel's Motion and Memorandum in Support To Limit Respondents to Five (5) Expert Witnesses
- Complaint Counsel's Motion to Shorten the Time for the Filing of a Response to Complaint Counsel's Motion to Limit Respondents to Five (5) Expert Witnesses
- Respondents' Renewed Motion to Exceed the Five (5) Expert Limit and Memorandum in Support
February 9, 2011
- Respondent's Notice of Withdrawal of Motion to Exceed Five (5) Expert Limit
February 8, 2011
- Complaint Counsel's Notice of Withdrawal of its Motion to Enforce Subpoenas Against the Resnick Family Foundation, Inc., and the Stewart and Lydia Resnick Revocable Trust
February 7, 2011
- Administrative Law Judge's Order Granting Joint Motion to Amend Scheduling Order
February 4, 2011
- Joint Motion to Amend Scheduling Order and Memorandum in Support Thereof
February 1, 2011
January 28, 2011
- Respondents' Motion to Exceed Five Expert Limit
- Notice of Appearance Filed by Counsel for the Respondent’s
January 26, 2011
- Complaint Counsel's Reply Brief to the Stewart and Lynda Resnick Revocable Trust and the Resnick Family Foundation Inc. Opposition to Complaint Counsel Motion to Enforce Subpoenas
January 25, 2011
- Administrative Law Judge’s Order Requiring Reply Brief
January 19, 2011
- The Stewart and Lynda Resnick Revocable Trust’s and Resnick Family Foundation, Inc.’s Opposition to Complaint Counsel’s Motion to Enforce Subpoenas
January 11, 2011
- Complaint Counsel's Motion and Memorandum to Enforce Subpoenas Against The Resnick Family Foundation, Inc. and The Stewart and Lynda Resnick Revocable Trust
- Administrative Law Judge's Order Denying Complaint Counsel's Motion for Leave to Extend the Deposition Time for Respondent Matthew Tupper and Witness Harley Liker
January 7, 2011
- Respondents' Opposition to Complaint Counsel's Motion for Leave to Extend the Deposition Time for Respondent Matthew Tupper and Witness Harley Liker
January 3, 2011
- Administrative Law Judge’s Order Granting Unopposed Motion to Amend Scheduling Order
December 28, 2010
- Complaint Counsel’s Unopposed Motion to Amend Scheduling Order and Memorandum in Support Thereof
December 27, 2010
- Complaint Counsel’s Motion For, and Memorandum in Support Of, Leave to Extend the Deposition Time for Respondent Matthew Tupper and Witness Harley Liker
December 15, 2010
December 7, 2010
- Notice of Appearance Filed by Counsel for Respondents Stewart Resnick and Lynda Rae Resnick
December 1, 2010
- Complaint Counsel’s Preliminary Witness List
November 23, 2010
- Notice of Appearance Filed by Counsel for the Respondents
November 10, 2010
November 4, 2010
October 26, 2010
October 21, 2010
- Notice of Appearance Filed by Counsel Supporting the Complaint
October 19, 2010
- Order Setting Scheduling Conference
October 18, 2010
- Answer and Defenses of Respondents
- Notice of Appearance Filed by Counsel for the Respondents
September 28, 2010
- Protective Order Governing Discovery Material
- Order Designating Administrative Law Judge