Jennifer Davidson v. Kimberly-Clark Corp.

Concurrence by Judge Berzon

OPINION

MURGIA, Circuit Judge:

Under California’s consumer protection laws, a consumer who pays extra for a falsely labeled or advertised product may recover the premium she paid for that product. California law also permits that consumer to seek a court order requiring the manufacturer of the product to halt its false advertising. California has decided that its consumers have a right, while shopping in a store selling consumer goods, to rely upon the statements made on a product’s packaging. Today, we hold that California consumers who can seek in California state…