United States Ninth Circuit

In an appeal from a judgment of the district court dismissing plaintiffs; putative consumer protection class-action for failure to state a claim, judgment is affirmed where: 1) plaintiffs’ common law claims were properly dismissed for failure to provide reasonable notice; 2) plaintiffs’ statutory claims under the Consumer Legal Remedies Act and Unfair Competition Law fail because defendants' conduct is permitted by California law, and are therefore entitled to safe harbor from liability under these broad consumer protection statutes; and 3) plaintiffs' claim under the False Advertising Law fails because it is preempted by the federal Petroleum Marketing Practices Act and the FTC’s Posting Rule.

Appellate Information

• Decided 09/01/2011
• Published 09/01/2011

Judges

• RAWLINSON

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Behram V. Parekh, Darius C. Ogloza