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California Business and Professions Code Section 17508

Legal Research Home > California Laws > Business and Professions Code > California Business and Professions Code Section 17508

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, any city attorney, or any 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 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, any city
attorney, or any 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, 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.

Last modified: February 22, 2013