New UCL decision
A new UCL decision issued last week, Bernardo v. Planned Parenthood Federation of America, ___ Cal.App.4th ___ (Jan. 28, 2004), is accessible here. The case was decided in the context of a SLAPP motion, and held that the plaintiff had failed to establish a reasonable probability of success on the merits of her UCL claim. Most interesting is the court's discussion of the "fraudulent" prong. Planned Parenthood's website was not "likely to deceive" the public about whether abortions increase the risk of breast cancer, the court held, because the website "informed visitors that there are two schools of scientific research with opposing points of view on the issue," and "provid[ed] all interested visitors the means to independently view both sides of the controversy for themselves." Slip op. at 46-47.
- posted by Kim Kralowec @ 5:16 PM