Salazar v. Walmart, Inc.

Court: Supreme Court of California

Date: November 17, 2022

Issue on Appeal: Whether retailers can be held liable under California consumer protection laws for organizing and displaying lawful products in a manner that could allegedly mislead consumers based solely on product placement.

RLC’s Position: The RLC argues that imposing liability based on product placement—where products are lawfully labeled and organized in a logical, consumer-friendly manner—would invite endless litigation and disrupt standard retail practices. Retailers rely on common merchandising strategies, such as grouping similar products together, to improve the customer experience. Expanding liability in this context would force inefficient store layouts, reduce product offerings, increase costs, and ultimately harm consumers. The RLC further emphasizes the need for uniformity, noting that federal courts have consistently rejected similar claims based on speculative consumer confusion.

Other Amici: National Retail Federation; California Retailers Association.

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