POM Wonderful LLC and Roll Global LLC, In the Matter of

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June 14, 2016

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 Matter/File Number

082 3122

Docket Number

9344

Related Cases

POM Wonderful LLC, et al.

Case Timeline

June 14, 2016

Notice Describing Modification of Part I of the Final Order (822.05 KB)

January 16, 2013

POM Claims Appendix (Appendix A) (79.24 KB)

POM Figures Appendix (Appendix B) (9.86 MB)

Summary Table of Commission Findings Regarding POM Exhibits (35.56 KB)

Final Order (22.98 KB)

Figure 34 (“Heart Therapy” Animated Online Ad):Heart Therapy CX0463 (25 KB)

Figure 35 (“Off to Save Prostates” Animated Online Ad):Off to Save Prostates CX0466 (23.46 KB)

Figure 36 (Video Capture of the “Community” Section of the POMWonderful.com Website): October 2009 [6:50 – end] (88.24 MB)

Figure 36 (Video Capture of the “Community” Section of the POMWonderful.com Website):December 2009 [0:00-7:19] (57.58 MB)

Figure 37 (Video Capture of the POMWonderful.com Website):April-May 2009:PomWonderful Health Benefits (50.66 MB)

Figure 37 (Video Capture of the POMWonderful.com Website):April-May 2009: PomWonderful News and Ads (11.05 MB)

Figure 37 (Video Capture of the POMWonderful.com Website):April-May 2009:PomWonderful Products (4.89 MB)

Figure 37 (Video Capture of the POMWonderful.com Website):April-May 2009:PomWonderful Video Ads (24.56 MB)

Figure 37 (Video Capture of the POMWonderful.com Website): October 2009 [0:00-6:50] (88.24 MB)

Figure 37 (Video Capture of the POMWonderful.com Website): December 2009 [7:19 – end] (57.58 MB)

Figure 37 (Video Capture of the POMWonderful.com Website): January 2010 :POMWonderful.com Site Capture (29.54 MB)

Figure 37 (Video Capture of the POMWonderful.com Website): May 2010 [2:20 – end] (18.45 MB)

Figure 38 (Video Capture of the PomegranateTruth.com Website):April-May 2009:PomegranateTruth (10.26 MB)

Figure 39 (Video Captures of POMPills.com Websites):April-May 2009:PomPills (31.85 MB)

Figure 39 (Video Captures of POMPills.com Websites): January 2010: PomPills.com Site Capture (22.14 MB)

Opinion of the Commission, By Commissioner Maureen K. Ohlhausen

Concurring Statement of Commissioner Ohlhausen

Concurring Statement of Commissioner Rosch

PRESS RELEASE: FTC Commissioners Uphold Trial Judge Decision that POM Wonderful, LLC; Stewart and Lynda Resnick; Others Deceptively Advertised Pomegranate Products by Making Unsupported Health Claims

November 27, 2012

Commission Order Extending Timetable for Issuing Final Decision and Order (32.05 KB)

September 10, 2012

Corrections to Complaint Counsel's Compilation of Materials for Oral Argument (99.92 KB)

August 23, 2012

Transcript of Oral Argument Before the Commission (279.36 KB)

August 21, 2012

Notice of Appearance by Counsel for Respondent Matthew Tupper (99.52 KB)

August 16, 2012

Complaint Counsel's Compilation of Materials to Present During Oral Argument (1.89 MB)

July 27, 2012

Complaint Counsel's Reply Brief to Respondents' Answering Brief (1.07 MB)

Reply Brief of Respondents Pom Wonderful LLC, Roll Global, Stewart A. Resnick, and Lynda Rae Resnick (1.89 MB)

Respondent Matt Tupper's Reply to Complaint Counsel's Answering Brief (601.27 KB)

July 25, 2012

Commission Order Ruling On Motion To Reopen the Record and Motion For Leave To File A Reply (161.75 KB)

July 18, 2012

Complaint Counsel's Answering Brief to Respondents' Appeal Brief (2.41 MB)

Complaint Counsel's Answering Brief as to Respondent Matthew Tupper's Appeal of the ALJ's Initial Decision (762.93 KB)

Answering Brief of Respondents POM Wonderful LLC, Roll Global, Stewart A. Resnick, Lynda Rae Resnick, and Matthew Tupper (2.58 MB)

July 6, 2012

Respondents' Opposition to Complaint Counsel's Motion for Leave to File Reply (151.82 KB)

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 (370.21 KB)

June 25, 2012

Respondent Matthew Tupper's Opposition to Complaint Counsel's Motion to Reopen the Record (146.93 KB)

Respondents' Opposition to Complaint Counsel's Motion to Reopen the Record (387.85 KB)

June 21, 2012

Commission Order Scheduling Oral Argument (106.88 KB)

June 18, 2012

Complaint Counsels Appeal Brief (23.71 MB)

Respondents Pom Wonderful LLC, Roll Global, Stewart A. Resnick, and Lynda Rae Resnick's Brief on Appeal from the ALJ's Initial Decision (2 MB)

Respondent Matthew Tupper's Brief on Appeal from the ALJ's Initial Decision (367.24 KB)

June 14, 2012

Respondent's Unopposed Motion to Schedule Oral Argument (219.92 KB)

June 13, 2012

Complaint Counsel's Motion to Reopen the Record and Admit Respondents' Post-initial Decision Advertisements and Complaint Counsel's Authenticating Declaration (779.17 KB)

June 4, 2012

Complaint Counsel's Notice of Appeal (53.31 KB)

Notice of Appeal by Respondents POM Wonderful LLC, Roll Global, Stewart A. Resnick, and Lynda Rae Resnick (94.55 KB)

Notice of Appeal by Respondent Matthew Tupper (92.03 KB)

May 31, 2012

Notice of Appearance by Counsel for the Respondents (95.62 KB)

May 21, 2012

Initial Decision by Chief Administrative Law Judge D. Michael Chappell, Filed on May 17, 2012 (2.18 MB)

Appendix (11.01 MB)

ALJ Order (205.2 KB)

PRESS RELEASE: Administrative Law Judge Upholds FTC's Complaint that POM Deceptively Advertised Its Products as Treating, Preventing, or Reducing the Risk of Heart Disease, Prostate Cancer, and Erectile Dysfunction

April 16, 2012

Administrative Law Judge's Order Extending Time for Filing Initial Decision Pursuant to Commission Rule 3.51 (78.11 KB)

March 6, 2012

Transcript, Trial Closing Arguments (177.37 KB)

February 8, 2012

Respondent Matthew Tuppers Reply to Complaint Counsels Post-trial Brief (166.9 KB)

February 7, 2012

Complaint Counsels Post-trial Reply Brief (446.36 KB)

Complaint Counsels Reply to Respondents Proposed Findings of Fact (3.69 MB)

Complaint Counsel's Reply to Respondent Matthew Tupper's Post-trial Brief (152.51 KB)

Respondents Reply Appendix of Advertisements (180.05 KB)

Respondents Reply to Complaint Counsels Post-trial Brief (1.27 MB)

Respondents Reply to Complaint Counsels Proposed Findings of Fact and Conclusions of Law (3.93 MB)

January 26, 2012

Administrative Law Judges Order Setting Closing Arguments and Granting Respondents' Motion Regarding Scheduling (101.09 KB)

January 25, 2012

Complaint Counsel's Opposition to Respondents' Motion Regarding Scheduling of Closing Argument (132.97 KB)

Respondent's Motion Regarding Scheduling of Closing Argument (510.55 KB)

January 13, 2012

Respondents' Post-trial Brief - Corrected Copy (692.75 KB)

Respondents Corrected Physical Exhibit to Their Proposed Findings of Fact and Conclusions of Law (79.32 MB)

January 12, 2012

Respondent Matthew Tupper's Post-trial Brief (466.3 KB)

January 11, 2012

Respondents' Post-trial Brief (613.99 KB)

Complaint Counsels Post-trial Brief (1.69 MB)

Respondents’ Proposed Findings of Fact and Conclusions of Law [PDF – 976 pages] (134.42 MB)

November 18, 2011

Administrative Law Judges Order on Post-trial Briefs (179.15 KB)

Administrative Law Judges Order Closing Hearing Record (46.38 KB)

Administrative Law Judges 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 (291.98 KB)

Administrative Law Judges Order Denying Respondents' Motion to Admit Documents (109.79 KB)

November 17, 2011

Complaint Counsel's Opposition to Respondents' Motion for Admission of Documents into the Evidentiary Record (191.14 KB)

Respondent's Motion for Leave to File a Reply (222.64 KB)

November 16, 2011

Respondents' Motion for Admission of Documents (64.74 MB)

November 14, 2011

Administrative Law Judges Order Summarizing Bench Ruling on Complaint Counsel's Motion to Call Rebuttal Fact Witness (40.56 KB)

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 (308.44 KB)

Joint Stipulations (196.15 KB)

November 4, 2011

Transcript, Trial Volume 19 (35.78 KB)

October 19, 2011

Administrative Law Judges Order Denying Respondents' Motion to Strike (161.89 KB)

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 (284.15 KB)

Complaint Counsel's Opposition to Respondents' Motion to Strike the Bovitz Survey (18.44 MB)

October 14, 2011

Transcript, Trial Volume 18 (133.12 KB)

October 12, 2011

Transcript, Trial Volume 17 (182.48 KB)

October 11, 2011

Respondents Opposition to Complaint Counsel's Motion for Leave to Call a Rebuttal Witness (728.92 KB)

Transcript, Trial Volume 16 (206.35 KB)

October 7, 2011

Complaint Counsel's Motion for Leave to Call Rebuttal Fact Witness and Memorandum in Support Thereof (376.88 KB)

Motion to Strike the Bovitz Survey (282.59 KB)

September 14, 2011

Transcript, Trial Volume 15 (131.86 KB)

September 2, 2011

Transcript, Trial Volume 14 (192.91 KB)

September 1, 2011

Transcript, Trial Volume 13 (261.04 KB)

August 31, 2011

Transcript, Trial Volume 12 (191.51 KB)

August 30, 2011

Transcript, Trial Volume 11 (298.75 KB)

June 15, 2011

Transcript, Trial Volume 10 (144.05 KB)

June 13, 2011

Transcript, Trial Volume 9 (280.87 KB)

June 9, 2011

Transcript, Trial Volume 8 (224.95 KB)

June 8, 2011

Transcript, Trial Volume 7 (273.95 KB)

June 7, 2011

Transcript, Trial Volume 6 (279.43 KB)

June 6, 2011

Transcript, Trial Volume 5 (177.48 KB)

May 27, 2011

Transcript, Trial Volume 4 (120.04 KB)

May 26, 2011

Transcript, Trial Volume 3 (133.09 KB)

May 25, 2011

Transcript, Trial Volume 2 (128.61 KB)

May 24, 2011

Administrative Law Judges Order on in Camera Treatmen (155.29 KB)

Transcript, Trial Volume 1 (548.41 KB)

May 20, 2011

Respondent Matthew Tupper's Pretrial Brief (3.55 MB)

Respondents' Pretrial Brief (Corrected Copy) (5.12 MB)

Complaint Counsel's Notice of Withdrawal of its Motion for a Determination That Any Privileges Associated with Three Documents Were Waived by Respondents (62.01 KB)

May 19, 2011

Administrative Law Judges Order on Respondents Renewed Motion for in Camera Treatment (107.02 KB)

May 17, 2011

Complaint Counsels Motion, and Memorandum in Support, for a Determination that any Privileges Associated with Three Documents were Waived by Respondents (18.23 MB)

Complaint Counsels Response to Respondents Renewed Motion for in Camera Treatment (240.09 KB)

May 13, 2011

Complaint Counsels Pre-trial Brief (1023.91 KB)

Respondents Renewed Motion for in Camera Treatment (807.77 KB)

May 9, 2011

Administrative Law Judge's Order on Respondents' Motion for in Camera Treatment (319.36 KB)

Administrative Law Judges Order on John Hopkins University and Michael A. Carducci M.D.s Motion for in Camera Treatment (127.01 KB)

May 6, 2011

Administrative Law Judge's Order Denying Respondents' Motion in Limine to Exclude POM Advertisements Published Prior to 2006 (200.72 KB)

Administrative Law Judges Order on Complaint Counsels Motion for in Camera Treatment for Certain Documents Produced by the Food and Drug Administration (138.01 KB)

May 5, 2011

Administrative Law Judge's Order Denying Respondents' Motion in Limine to Exclude Undisclosed Opinions of Complaint Counsel's Experts (108.04 KB)

May 3, 2011

Administrative Law Judges Order Granting Consent Motion for Joint Scheduling Conference (39.07 KB)

May 2, 2011

Consent Motion for Joint Scheduling Conference and Memorandum in Support Thereof (123.55 KB)

Complaint Counsel's Opposition to Respondents' Motion in Limine to Exclude Pom Advertisements Published Prior to 2006 (3.21 MB)

Complaint Counsel's Response to Respondents' Motion Requesting in Camera Treatment (323.32 KB)

Complaint Counsel's Response and Opposition to Respondents' Motion in Limine to Exclude Undisclosed Opinions of Complaint Counsel's Experts (349.45 KB)

April 20, 2011

Administrative Law Judges Order Granting Consent Motion to Amend Scheduling Order (95.09 KB)

Non-Parties Johns Hopkins University and Michael A. Carducci M.D.'s Motion for in Camera Treatment (1.92 MB)

Notice of Appearance Filed by Counsel for Respondent Non-Party Johns Hopkins University (138.76 KB)

Complaint Counsels Motion Requesting in Camera Treatment of Certain Documents Produced by the Food and Drug Administration (1020.56 KB)

Respondents' Motion in Limine to Exclude Undisclosed Opinions of Complaint Counsel's Experts (554.29 KB)

Respondents' Motion for in Camera Treatment (1.57 MB)

Respondents' Motion in Limine and Memorandum in Support To Exclude Historical Pom Advertisements Published Prior To 2006 (769.22 KB)

April 19, 2011

Motion to Extend the Scheduling Order Deadlines for Submission of Motions in Limine Regarding Complaint Counsels Rebuttal Expert Witnesses (531.34 KB)

April 12, 2011

Notice of Appearance Filed by Counsel for the Respondents (104.23 KB)

April 8, 2011

Commission Order Regarding Scheduling (101.26 KB)

April 5, 2011

Administrative Law Judges Order Granting Consent Motion to Allow Complaint Counsel to Designate an Additional Rebuttal Expert and to Amend Scheduling Order (157.79 KB)

April 4, 2011

Consent Motion to Allow Complaint Counsel to Designate an Additional Rebuttal Expert and to Amend Scheduling Order and Memorandum in Support (303.78 KB)

March 25, 2011

Administrative Law Judges Order Granting Consent Motion to Amend Scheduling Order (92.58 KB)

March 23, 2011

Consent Motion to Amend Scheduling Order and Memorandum in Support Thereof (530.33 KB)

March 22, 2011

Administrative Law Judges Order Granting Consent Motion to Substitute Roll Global LLC as Respondent (70.54 KB)

March 18, 2011

Administrative Law Judges Order Granting Motion to Extend Deadlines for Expert Reports (83.7 KB)

Consent Motion to Substitute Roll Global LLC, as Successor in Interest to Roll International Corp., as a Respondent (529.09 KB)

Respondents Consented to Motion to Extend the Scheduling Order Deadlines for Submission of Expert Reports (529.07 KB)

Pom Wonderful LLC's Response to Request for Admissions (14.31 MB)

March 16, 2011

Administrative Law Judges Order Granting Joint Motion to Extend Deadlines for Submission and Rebuttal of Expert Report (85.45 KB)

Administrative Law Judges Order on Respondent Pom Wonderful LLC's Motion to Compel Further Responses to First Set of Interrogatories to Complaint Counsel (247.18 KB)

March 15, 2011

Joint Motion to Extend the Scheduling Order Deadlines for Submission of Expert Report by Ronald Butters (292.39 KB)

Administrative Law Judges Order on Complaint Counsel's Motion to Compel Production of Documents and Interrogatory Responses from Respondent Pom Wonderful LLC (150.98 KB)

March 14, 2011

Complaint Counsel's Notice of Appearance (34.71 KB)

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 (169.63 KB)

March 9, 2011

Respondent Pom Wonderful LLC's Opposition to Complaint Counsel's Motion to Compel Production of Documents and Interrogatory Responses (151.78 KB)

March 4, 2011

Respondent Pom Wonderful LLCs Motion and Memorandum To Compel Further Responses to First Set of Interrogatories to Complaint Counsel (561.73 KB)

Complaint Counsel's Motion and Memorandum To Compel Production of Documents and Interrogatory Responses from Respondent Pom Wonderful LLC (4.09 MB)

March 3, 2011

Administrative Law Judges Order Revising Scheduling Order (141.64 KB)

February 28, 2011

Administrative Law Judges Order Granting Joint Motion for Scheduling Motions to Compel (50.93 KB)

Administrative Law Judges Order Granting Joint Motion to Amend Scheduling Order (64.58 KB)

February 25, 2011

Administrative Law Judges Order Granting Complaint Counsel's Motion to Amend Scheduling Order (197.94 KB)

Joint Motion for Scheduling Motions to Compel (528.05 KB)

Joint Motion to Amend Scheduling Order (527.61 KB)

February 24, 2011

Respondents Opposition to Complaint Counsels Motion to Amend Scheduling Order (632.72 KB)

February 23, 2011

Administrative Law Judge's Order on Cross-motions Regarding Limitation on Number of Expert Witnesses Designated by Respondents (361.93 KB)

February 22, 2011

Administrative Law Judge's Order Granting Joint Motion for Scheduling Motions to Compel (45.83 KB)

February 18, 2011

Joint Motion for Scheduling Necessary Motions to Compel (192.8 KB)

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 (62.31 KB)

Respondents' Opposition to Complainant's Motion to Limit Respondents to Five Expert Witnesses (2.53 MB)

February 16, 2011

Complaint Counsel's Motion to Shorten Respondents' Time to Respond to the Motion to Amend Scheduling Order (193.38 KB)

Complaint Counsel's Motion to Amend Scheduling Order and Memorandum in Support Thereof (769.96 KB)

February 15, 2011

Respondents' Response to Complainant's Motion to Shorten Time (85.6 KB)

Respondents' Renewed Motion to Exceed the Five (5) Expert Limit And Memorandum in Support (5.05 MB)

February 14, 2011

Complaint Counsel's Opposition to Respondents' Renewed Motion to Exceed Five (5) Expert Limit (354.45 KB)

February 11, 2011

Respondents Statement of Meet and Confer (92.92 KB)

February 10, 2011

Complaint Counsel's Motion and Memorandum in Support To Limit Respondents to Five (5) Expert Witnesses (470.35 KB)

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 (241.01 KB)

Respondents' Renewed Motion to Exceed the Five (5) Expert Limit and Memorandum in Support (441.14 KB)

February 9, 2011

Respondent's Notice of Withdrawal of Motion to Exceed Five (5) Expert Limit (114.58 KB)

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 (69.76 KB)

February 7, 2011

Administrative Law Judge's Order Granting Joint Motion to Amend Scheduling Order (67.62 KB)

February 4, 2011

Joint Motion to Amend Scheduling Order and Memorandum in Support Thereof (1.44 MB)

February 1, 2011

Respondents' Expert Witness List (214.39 KB)

January 28, 2011

Respondents' Motion to Exceed Five Expert Limit (48.55 KB)

Notice of Appearance Filed by Counsel for the Respondents (113.18 KB)

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 (155.22 KB)

January 25, 2011

Administrative Law Judges Order Requiring Reply Brief (63.18 KB)

January 19, 2011

The Stewart and Lynda Resnick Revocable Trusts and Resnick Family Foundation, Inc.s Opposition to Complaint Counsels Motion to Enforce Subpoenas (114.71 KB)

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 (539.89 KB)

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 (220.93 KB)

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 (358.83 KB)

January 3, 2011

Administrative Law Judges Order Granting Unopposed Motion to Amend Scheduling Order (71.12 KB)

December 28, 2010

Complaint Counsels Unopposed Motion to Amend Scheduling Order and Memorandum in Support Thereof (27.06 KB)

December 27, 2010

Complaint Counsels Motion For, and Memorandum in Support Of, Leave to Extend the Deposition Time for Respondent Matthew Tupper and Witness Harley Liker (38.47 KB)

December 15, 2010

Respondents Preliminary Witness List (300.84 KB)

December 7, 2010

Notice of Appearance Filed by Counsel for Respondents Stewart Resnick and Lynda Rae Resnick (88 KB)

December 1, 2010

Complaint Counsels Preliminary Witness List (510.72 KB)

November 23, 2010

Notice of Appearance Filed by Counsel for the Respondents (94.66 KB)

November 10, 2010

Administrative Law Judges Order Granting Joint Motion for Recesses (42.5 KB)

November 3, 2010

Joint Motion for Recesses During Hearing (515.19 KB)

October 26, 2010

Scheduling Order (312.81 KB)

October 21, 2010

Notice of Appearance Filed by Counsel Supporting the Complaint (65.64 KB)

October 19, 2010

Order Setting Scheduling Conference (30.57 KB)

October 18, 2010

Answer and Defenses of Respondents (1.38 MB)

Notice of Appearance Filed by Counsel for the Respondents (363.07 KB)

September 28, 2010

Protective Order Governing Discovery Material (197.73 KB)

Order Designating Administrative Law Judge (29.22 KB)

September 27, 2010

Administrative Complaint (370.28 KB)

Exhibits A - N (6.3 MB)

PRESS RELEASE: FTC Complaint Charges Deceptive Advertising by POM Wonderful

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