The People of the State of California v. Superior Court of the State of California, County of Los Angeles & J.C. Penney Corporation, Inc., et al 


Issue: Advertising 
Court: California Court of Appeals

Question Presented:

1) Whether the retailers violated the state’s pricing laws by, among other things, not complying with Section 17501, which prohibits retailers from offering discounted pricing unless they express such discounted prices in terms of the vague “prevailing market price” construct in the statute.

RLC's Position:

The Retail Litigation Center filed an amicus brief, which was joined by the National Retail Federation, the California Retailers Association, and the Chamber of Commerce of the United States of America, in The People of the State of California v. Superior Court of the State of California, County of Los Angeles & J.C. Penney Corporation, Inc., et al (Sears, Kohl's, and Macy's). The trial court, however, decided that Section 17501 impinges unconstitutionally on speech and fails to provide sufficient notice. Our brief in support of the retailers on appeal explains the practical challenges to the court for retailers trying to comply with the law. 

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