Overview: california labor board file a claim
HOLDINGS: [1]-Under Bus. & Prof. Code, § 17203, cigarette consumers were not entitled to restitution from a manufacturer that knowingly used deceptive advertising terms such as "Lights" and "Lowered Tar and Nicotine" because the consumers received value from the cigarettes apart from the deceptive advertising and they did not submit competent evidence to establish the difference between the price they paid for cigarettes and the actual value they received; restitution could not be based solely on deterrence; [2]-The consumers were not entitled to an injunction because federal legislation had already enjoined use of the objectionable descriptors; [3]-The consumers were not entitled to declaratory relief because the use of deceptive descriptors was a completed wrong, and there was no likelihood of future violations; [4]-The manufacture was the prevailing party and entitled to costs.
Outcome
Judgment affirmed. Cross-appeal dismissed.