Center for Inquiry, Inc. v. Walmart, Inc. et al.

Court: District of Columbia Court of Appeals

Date: October 20, 2022

Issue on Appeal: Whether retailers can be held liable under consumer protection laws for organizing and displaying lawful products based on their labeling, including whether product placement may be treated as a misleading representation to consumers.

RLC’s Position: The RLC argues that holding retailers liable for product placement based on lawful labeling would invite excessive and opportunistic litigation, forcing retailers to reorganize stores in inefficient and confusing ways. Because retailers rely on manufacturer labeling and regulatory approval to organize products, imposing liability for standard merchandising practices would increase costs, reduce product availability, and create uncertainty across the retail industry. The RLC further warns that such a rule could be exploited by ideological litigants to target lawful products, ultimately harming both retailers and consumers.

Other Amici: National Retail Federation.

Counsel: Kelsey Curtis, Mark R. Yohalem, and Ariel C. Green Anaba, Wilson Sonsini Goodrich & Rosati.