What counts as false advertising in California?
The standard is not whether the company lied on purpose. Under the Unfair Competition Law it is enough that a reasonable consumer would likely be misled by the label, the ad, the website or the packaging — including by what it leaves out. The False Advertising Law adds liability where the company knew or should have known the claim was untrue, and the Consumers Legal Remedies Act lists specific misrepresentations that are unlawful on their face:
- Recyclability and environmental claims"Recyclable," the chasing-arrows symbol, "compostable," "sustainable" — the most common CLRA claims we bring today. See recycling & greenwashing claims
- Composition and ingredients"100% natural," "organic," "sugar-free," "preservative-free," "unscented," or a stated amount of an ingredient the product doesn't actually contain.
- Origin"Made in USA," "Product of California," or a country or region of origin that isn't true. California's Made-in-USA rule is stricter than the federal one.
- Characteristics, uses and benefits"Clinically proven," "doctor recommended," performance or health claims with no reliable evidence behind them.
- Quality, grade and conditionRefurbished or used goods sold as new; a lower grade or standard passed off as a higher one.
- Sponsorship and approvalFake reviews, invented endorsements, certifications or affiliations the product doesn't have.
- Quantity and slack fillOversized packaging that hides how little is inside, or net-weight claims that don't add up.
What you can recover
Under the CLRA a consumer can recover actual damages, restitution of what was paid, an injunction stopping the practice — for example, an order to remove a "recyclable" claim from packaging — punitive damages where the conduct warrants it, and attorneys' fees and costs. Under the FAL and UCL a court can order restitution and injunctive relief. In a class action these remedies extend to every California purchaser during the class period — usually the last three to four years.
Deadlines
CLRA and FAL claims must generally be brought within three years; UCL claims within four years of when you discovered, or should have discovered, the problem. Before a CLRA damages claim is filed, the company must receive a written 30-day notice — we prepare and send it.
Ask a lawyer about your case
We are prepared to discuss your case and determine what legal action should be taken — whether it is an individual claim or a case on behalf of everyone affected. We offer free consultations and charge nothing upfront. Our office is in San Diego, and we routinely handle cases in all State and Federal Courts throughout California — wherever in the state you live or work.