Category: consumer law

California has a law that targets political memorabilia. Found at Civil Code Section 1739, this law regulates the sale, advertisement for sale, and offer for sale of “any political item which is purported to be an original political item but which is not in fact an original political item.”

California Civil Code Section 1739.1 defines a political item as “any button, ribbon, poster, sticker, literature or advertising” for a candidate or ballot proposition in an electoral campaign. For an item to be original, it must have been “produced during any electoral campaign for use in support or in opposition to any candidate or ballot proposition before the voters in that campaign.”

So, if you are selling Barry Goldwater memorabilia, it should be labeled as a copy or reproduction, if the item is not original.

If you purchased a reproduction that was no so labeled, you can get a refund with interest. However, if the seller knew the item was a reproduction but sold it as an original, the buyer is eligible for damages equal to three times the price paid and interest.

The statute of limitation is one year from the date of discovery, but no more than three years after the sale.

I understand why the sale of reproductions as authentic items is wrong. But, why does California need a statute targeted towards political memorabilia? Don’t general laws addressing fraud or unfair business practices take care of this problem?

When comparison shopping at the supermarket, trying to find the best bargain could be challenging because manufacturers produce canned, bottled and packaged goods in odd quantities. If we are comparing between a 5 lb. and 10 lb. bag of flour, the task is relatively easy. Does the 10 lb. bag cost twice as much as the 5 lb. bag?

However, when looking at a 46 ounce and 52 ounce bottle, pulling out the calculator (or smartphone) may be needed. Thankfully, many stores provide unit pricing information on the product tag, which will show the per ounce price of each bottle.

As it turns out, in California, the state unit pricing law is found in the Business and Professions Code; however, calling it a law may be overstating it a bit considering its voluntary nature.

It is the intent of the Legislature to encourage the unit pricing of all canned, bottled, and packaged foods, packaged produce, and bakery goods; paper, plastic, wood, and metal products packaged
in counts greater than 10; rolled paper, plastic, and metal products; canned, bottled, and packaged domestic, laundry and household cleansing, finishing, waxing, and polishing products; drug and first
aid products canned, packaged, or bottled in counts greater than 10; and frozen fruits and vegetables, offered by merchants in their places of business for sale at retail to the public.

I find that having the information is helpful not just from the point of being an educated consumer, but that it helps lower the obstacles to making a purchasing decision. The store would probably prefer that a consumer look at the unit pricing information and buy instead of standing in the aisle and calculating math problems.