California Court of Appeal

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People ex rel. Brown v. PuriTec, C052167

California statutes prohibiting the seller of a water treatment device from making performance or benefit claims that the device affects health or the safety of drinking water, unless the device has been certified by the state Department of Health Services, do not violate the federal Constitution's dormant commerce clause or First Amendment, as applied to health claims made by defendant on its website concerning uncertified water treatment devices it offers for sale to California consumers.

Appellate Information

  • Decided 08/07/2007
  • Published 08/07/2007

Judges

  • DAVIS, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Davis & Leonard, Sacramento, and Stephen L. Davis for Defendant, Cross-Complainant and Appellant., Edmund G. Brown, Jr., Attorney General, Joseph O. Egan and Roy S. Liebman, Deputy Attorneys General, for Plaintiff, Cross-Defendant and Respondent.
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