Manufacturers and suppliers are finding it increasingly difficult to secure early dismissal of consumer claims for product or service misrepresentations brought under California’s Unfair Competition Law, Cal. Bus. and Prof. Code §§17200, et seq. Under current law, plaintiffs often need to allege relatively little to avoid a motion to dismiss, other than that they would not have purchased a product had they known the alleged “truth” about it.
Since mid-2009, plaintiffs have filed a number of consumer advertising misrepresentation cases in California relating to many areas of commerce, including:
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