Bill Text: CA SB1130 | 2015-2016 | Regular Session | Chaptered

California Senate Bill 1130 (Prior Session Legislation)

Bill Title: False advertising: substantiation of claims: county counsel.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2016-06-27 - Chaptered by Secretary of State. Chapter 38, Statutes of 2016. [SB1130 Detail]

Download: California-2015-SB1130-Chaptered.html

BILL NUMBER: SB 1130	CHAPTERED
	BILL TEXT

	CHAPTER  38
	FILED WITH SECRETARY OF STATE  JUNE 27, 2016
	PASSED THE SENATE  APRIL 7, 2016
	PASSED THE ASSEMBLY  JUNE 16, 2016

INTRODUCED BY   Senator Wieckowski
   (Coauthors: Assembly Members Bonta, Gordon, Low, and Mark Stone)


                        FEBRUARY 17, 2016

   An act to amend Section 17508 of the Business and Professions
Code, relating to false advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1130, Wieckowski. False advertising: substantiation of claims:
county counsel.
   Under existing law, it is unlawful for a person doing business in
California and advertising to consumers in California to make any
false or misleading advertising claim. Existing law requires any
person doing business, and in whose behalf advertising claims are
made to consumers, in California to, upon request of the Director of
Consumer Affairs, the Attorney General, any city attorney, or any
district attorney, provide evidence of the facts on which the
advertising claims are based. Existing law authorizes the Director of
Consumer Affairs, the Attorney General, any city attorney, or any
district attorney to take specified actions upon failure of the
advertiser to adequately substantiate a claim within a reasonable
time or if the requesting official has reason to believe that the
advertising claim is false or misleading.
   This bill would additionally authorize a county counsel to request
official evidence of the facts on which the advertising claims are
based and take the above-referenced actions on the failure of the
advertiser to respond or if the county counsel has reason to believe
the advertising claim is false or misleading.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17508 of the Business and Professions Code is
amended to read:
   17508.  (a) It shall be unlawful for any person doing business in
California and advertising to consumers in California to make any
false or misleading advertising claim, including claims that (1)
purport to be based on factual, objective, or clinical evidence, (2)
compare the product's effectiveness or safety to that of other brands
or products, or (3) purport to be based on any fact.
   (b) Upon written request of the Director of Consumer Affairs, the
Attorney General, or any city attorney, county counsel, or district
attorney, any person doing business in California and in whose behalf
advertising claims are made to consumers in California, including
claims that (1) purport to be based on factual, objective, or
clinical evidence, (2) compare the product's effectiveness or safety
to that of other brands or products, or (3) purport to be based on
any fact, shall provide to the department or official making the
request evidence of the facts on which the advertising claims are
based. The request shall be made within one year of the last day on
which the advertising claims were made.
   Any city attorney, county counsel, or district attorney who makes
a request pursuant to this subdivision shall give prior notice of the
request to the Attorney General.
   (c) The Director of Consumer Affairs, Attorney General, or any
city attorney, county counsel, or district attorney may, upon failure
of an advertiser to respond by adequately substantiating the claim
within a reasonable time, or if the Director of Consumer Affairs,
Attorney General, city attorney, county counsel, or district attorney
shall have reason to believe that the advertising claim is false or
misleading, do either or both of the following:
   (1) Seek an immediate termination or modification of the claim by
the person in accordance with Section 17535.
   (2) Disseminate information, taking due care to protect legitimate
trade secrets, concerning the veracity of the claims or why the
claims are misleading to the consumers of this state.
   (d) The relief provided for in subdivision (c) is in addition to
any other relief that may be sought for a violation of this chapter.
Section 17534 shall not apply to violations of this section.
   (e) Nothing in this section shall be construed to hold any
newspaper publisher or radio or television broadcaster liable for
publishing or broadcasting any advertising claims referred to in
subdivision (a), unless the publisher or broadcaster is the person
making the claims.
   (f) The plaintiff shall have the burden of proof in establishing
any violation of this section.
   (g) If an advertisement is in violation of subdivision (a) and
Section 17500, the court shall not impose a separate civil penalty
pursuant to Section 17536 for the violation of subdivision (a) and
the violation of Section 17500 but shall impose a civil penalty for
the violation of either subdivision (a) or Section 17500.