Antonio Hinojos v. Kohl's Corporation

Opinion by Judge REINHARDT; Concurrence by Judge WARDLAW.

OPINION

REINHARDT, Circuit Judge:

Most consumers have, at some point, purchased merchandise that was marketed as being “on sale” because the proffered discount seemed too good to pass up. Retailers, well aware of consumers’ susceptibility to a bargain, therefore have an incentive to lie to their customers by falsely claiming that their products have previously sold at a far higher “original” price in order to induce customers to purchase merchandise at a purportedly marked-down “sale” price. Because such practices are misleading — and…