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PIF Number:
3355
Case Name:
McClatcher v. Ontel Products Corp.
Supplier:
Ontel Products Corp
Case Number:
17CV000062
Date in Pif:
2/15/2018
Court:
C.P.
County:
Lake
Keywords:
Statute Cites:
Rules & Regulations:
Subject Matter:
Category:
Sub-Category:
Issue Summary:
Plaintiff alleged that Defendant violated the CSPA by advertising that the "miracle bamboo pillow" was made of bamboo when, in reality, the pillow was made of 40% viscose from bamboo and 60% polyester. In her complaint, Plaintiff sought an injunction requiring Defendant to cease its advertising and to engage in a corrective advertising campaign. Defendant filed a motion to dismiss, claiming that Plaintiff had not suffered an irreparable harm and was not entitled to seek injunctive relief. The Court found that the CSPA allows a private plaintiff to seek injunctive relief for a violation of the CSPA; as a statutory relief, a plaintiff is not required to show a great or irreparable injury.