FAL not void for vagueness: People v. Superior Court (J.C. Penney Corp.)

UCL - public prosecuto...UCL - remedies in general
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People v. Superior Court (J.C. Penney Corp.), ___ Cal.App.5th ___ (Apr. 16, 2019), is a public prosecutor action alleging that J.C. Penney, Macy's, Kohl's and Sears violated the UCL and FAL when they "sold products online by means of misleading, deceptive or untrue statements regarding the former prices of those products."  Slip op. at 2.  The appeal concerned the FAL claims only. 

The Court of Appeal (Second Appellate District, Division Four) closely examined the FAL and concluded that it is not constitutionally void for vagueness, either on its face or as applied against the defendants.  The Court of Appeal also rejected the defendants' argument that the FAL impermissibly infringed on their free speech rights.  

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