This article examines that while restitution and injunctive relief are available remedies under California’s Unfair Competition Law (Business & Professions Code § 17200, et seq.) (“UCL”) and False Advertising Law (Business & Professions Code § 17500, et seq.) (“FAL”), in two recent decisions the California Supreme Court unequivocally rejected the formerly held statutory interpretation that an entitlement to restitution is a prerequisite for standing under the UCL and FAL.
In Kwikset Corp. v. Superior Court, 51 Cal.4th 310 (2011) and Clayworth v. Pfizer Inc., 49 Cal.4th 758 (2010), the court made clear that a plaintiff may seek to enjoin activities which violate the unfair competition and false advertising laws regardless of whether it is entitled to restitution.
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