Overview

Overview: government code 1090

HOLDINGS: [1]-The allegation that a retailer sold lesser-quality clothing items at its factory stores that were never sold at its traditional stores did not state a claim under California's False Advertising Law because, as a matter of law, a retailer's use of its own brand name labels on clothing that it manufactures and sells at its stores is not deceptive, regardless of the quality.; [2]-There was no claim under California's Unfair Competition Law because the retailer's use of its own brand names in factory store names and on factory store clothing labels was not likely to deceive a reasonable consumer; a purchaser was still getting that retailer's item; [3]-There was no claim under the Consumers Legal Remedies Act because the consumer alleged no advertising or representation of any kind that the retailer made about the characteristics or quality of its factory store merchandise.

Outcome

Judgment affirmed.