U.S. Supreme Court

Case Status


Docket Number


Cert. Denied

Lower Court Opinion


Questions Presented

1. Whether a robust fair notice standard applies to California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq., and False Advertising Law, Cal. Bus. & Prof. Code § 17500 et seq., given the severe civil penalties at stake, the risk of chilling protected speech, and the criminal penalties involved.

2. Whether Ethicon had fair notice that it faced hundreds of millions of dollars in civil penalties under these statutes for materials sent to California, but not proven to have reached consumers

Case Updates

Cert. petition denied

February 21, 2023

U.S. Chamber files brief highlighting the misuse of state UDAP statutes in support of petition for certiorari in the U.S. Supreme Court concerning the need for fair notice under such statutes

December 15, 2022

Click here to view the brief. Adam G. Unikowsky and Victoria Hall-Palerm of Jenner & Block LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents