3355

McClatcher v. Ontel Products Corp.

Ontel Products Corp

17CV000062

2/15/2018

C.P.

Lake

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.