National Council Against Health Fraud, Inc. v. King Bio Pharmaceuticals, Inc.
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
GRIGNON, J.
A private plaintiff brought a representative action for unlawful competition (Bus. & Prof. Code, § 17200 et seq..) and false advertising (Bus. & Prof. Code, § 17500 et seq.) against a seller of homeopathic remedies. After the close of plaintiffs case-in-chief in a court trial, judgment was entered in favor of the seller. The trial court imposed the burden of proving that the advertising claims were false or misleading on plaintiff. On appeal, plaintiff acknowledges the trial court correctly imposed the burden of proof under current California law, but contends the law should…
2Cases cited19 opinions
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- Castrol, Inc. v. Quaker State Corporation, Quaker State Oil Refining Corporation, and Grey Advertising, Inc.Court of Appeals for the Second Circuit · 1992
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