Benson

Benson v. Kwikset Corp.

Good Law
152 Cal. App. 4th 1254·62 Cal. Rptr. 3d 284
Court of Appeal of CaliforniaJuly 26, 2007G030956California11,309 words

Opinion

Opinion

RYLAARSDAM, Acting P.J.

In 2000, plaintiff James Benson, on behalf of the general public, sued defendants Kwikset Corporation, its parent corporation, Black & Decker Corporation (collectively defendants), plus Technolock, S.A. de C.V. (Technolock) for restitution and injunctive relief under the unfair competition law (Bus. & Prof.Code, § 17200) and the false advertising law (Bus. & Prof. Code, § 17500; section 17500; all further statutory references are to the Business and Professions Code unless otherwise indicated). Plaintiff alleged defendants violated statutory provisions prohibiting the marketing or sale of merchandise with "Made in U.S.A." or similar labels when the merchandise either contained foreign-made parts or involved foreign manufacture.

After a December 2001 trial, the superior court found defendants had marketed products in packaging that contained misleading country of origin labels. The trial court entered a judgment for plaintiff enjoining defendants' use of inaccurate labels, and also ordering them to allow retailers and distributors to return mislabeled products for either a refund or replacement. As to Technolock, the court entered judgment in its favor.…

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