Association of National Advertisers, Inc. v. Lungren

Opinion by Judge CHOY; Dissent by Judge NOONAN.

CHOY, Circuit Judge:

Appellants, the Association of National Advertisers, Inc., et al. (Trade Associations), appeal the district court’s grant of summary judgment upholding the constitutionality of California Business and Professions Code § 17508.5. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Section 17508.5 makes it unlawful for a manufacturer or distributor of consumer goods to represent that its products are “ozone friendly”, “biodegradable”, “photode-gradable”, “recyclable” or “recycled” unless…