United States Ninth Circuit

District court's dismissal of claims under California’s Unfair Competition Law, Fair Advertising Law, and Consumer Legal Remedies Act brought by a plaintiff in a putative class action against defendant alleging false advertising, is reversed, where: 1) a consumer has "lost money or property" so long as false advertisements induced him to buy a product he would not have purchased or to spend more than he otherwise would have spent, and thus has standing to sue under the Unfair Competition Law and Fair Advertising Law because he has suffered an economic injury; 2) for the same reasons, plaintiff states a claim under the California’s Consumer Legal Remedies Act; and 3) defendant' motion to certify the issues to the California Supreme Court both on the merits and because defendant only requested certification for the first time after oral argument.

Appellate Information

• Decided 05/21/2013
• Published 05/21/2013

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel