A drug company cannot seek a court-issued declaration that it did not violate California’s Consumer Legal Remedies Act by advertising its dietary supplement Amberen as a natural remedy to relieve menopausal symptoms, the California Second District Court of Appeal has ruled.

Justice Richard Mosk, writing for the court, ruled that Lunada Biomedical’s action for declaratory relief could be struck down as a “strategic lawsuit against public participation.” California’s anti-SLAPP law created a special motion to strike lawsuits seeking to squelch the First Amendment right to free speech or to petition the government.

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