Rael

BACKGROUND

Plaintiff and appellant, Environmental Democracy Project (EDP), is a California nonprofit organization dedicated to protecting the public from deceptive environmental claims regarding consumer goods. It filed this suit against Rael, Inc. (Rael), to enjoin Rael’s sale of products as “organic” or “made with organic” materials in violation of COFFA (see §§ 111910, subd. (a), 110890, subd. (a)). EDP’s complaint alleges Rael sells products in California as organic or containing organic ingredients in violation of COFFA. One is Rael’s “organic cotton cover period underwear,” which EDP alleges Rael represents prominently in both online advertisements and on the packaging’s principal display panel as “ORGANIC COTTON COVER PERIOD UNDERWEAR.” According to the complaint, Rael’s “[a]dvertising copy for this product states that it is “ ‘made with certified Texas organic cotton’ and a ‘100% Certified Organic Cotton Cover Sheet.’ ” EDP alleges that “[p]roducts sold as organic in California must contain a minimum of 95% certified organic materials by weight or fluid volume, excluding water and salt. Health & Safety Code § 110820; 7 C.F.R. § 205.301(b)” and that “[p]roducts sold as…