Colgan

Colgan v. Leatherman Tool Group, Inc.

Bad Law
135 Cal. App. 4th 663·2006 Cal. App. LEXIS 19·2006 Daily Journal DAR 422·38 Cal. Rptr. 3d 36·2006 Cal. Daily Op. Serv. 316
Court of Appeal of CaliforniaJanuary 10, 2006B176953California14,785 words

Opinion

Opinion

Mosk, J.

Defendant and appellant Leatherman Tool Group, Inc. (Leatherman) appeals from the trial court’s summary adjudication of Leatherman’s liability under the false advertising law (Bus. & Prof. Code, §§ 17500, 17533.7), the unfair competition law (§ 17200 et seq.), and the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.) as the result of Leatherman’s labeling and advertising its products as “Made in U.S.A.,” when parts of those products were manufactured outside the United States. Leatherman also appeals from the judgment of restitution, the mandatory injunction, and the amount of the attorney fees awarded to plaintiffs.

We affirm the summary adjudication that Leatherman violated the false advertising law and the CLRA because, as a matter of law, there was sufficient manufacturing of components abroad so as to make Leatherman’s representations that its products were made in the United States deceptive. The evidence presented was sufficient, without further extrinsic evidence— such as a consumer survey—to establish that Leatherman’s representations were deceptive. We also affirm the summary adjudication that Leatherman violated section 17533.7, and therefore the…

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