California Court of Appeal

In an action under the Unfair Competition Law, Bus and Prof. Code section 17200 et seq., and the False Advertising Law (FAL) section 17500 et seq., arising from Philip Morris USA, Inc.'s use of terms such as "Lights" and "Lowered Tar and Nicotine" in advertising Marlboro Lights, to indicate they were less unhealthful than Marlboro Reds and other full-flavored cigarettes, the trial court's denial of plaintiffs' prayer for restitution is affirmed over meritless claims that: 1) the court erred as a matter of law by determining the only measure of restitution un a UCL products action is the measure set forth in In re Vioxx Class of Cases (2009) 180 Cal.App.4th 116, 131; and 2) the court abused its discretion by denying injunctive relief on the ground of mootness.

Appellate Information

• Decided 09/28/2015
• Published 09/28/2015

Judges

• McCONNELL

Court

• California Court of Appeal

Counsel