All One God Faith, Inc. v. Organic & Sustainable Industry Standards, Inc.

The federal government imposes mandatory standards governing the marketing of “organic” food and agricultural products, but provides only voluntary and permissive criteria for “organic” personal care products, such as soaps and lotions. ( 7 U.S.C. § 6501 et seq.; Organic Foods Production Act of 1990.) A trade association, Organic and Sustainable Industry Standards, Inc. (OASIS), seeks to develop a standard that would provide a definition of “organic” specific to beauty and personal care products *1192 and would permit its members whose products meet this standard to advertise using an “OASIS Organic” seal on the product. All One God Faith, Inc., who does business as Dr. Bronner’s Magic Soaps (Dr. Bronner), filed suit against OASIS and certain of its members, alleging that this certification would constitute unfair competition and misleading advertising. OASIS filed a special motion to strike Dr. Bronner’s claim against it pursuant to the anti-SLAPP statute, 1 Code of Civil Procedure section 425.16. 2 OASIS appeals from the trial court’s denial of its motion. Dr. Bronner has filed a protective cross-appeal, contending that the motion should have also been denied under…

The trial court rejected the motion to strike (Code Civ. Proc., § 425.16) 1 of appellant Organic and Sustainable Industry Standards, Inc. (OASIS), under the first prong of the anti-SLAPP 2 statute’s two-prong analysis. Because I believe the trial court erred in concluding that OASIS’s role in the certification process is not conduct “in furtherance of [OASIS’s] right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue” (§ 425.16, subd. (b)(1)), I respectfully dissent.

I. Formulation of the OASIS Organic Standard Is Speech in Connection with a Public Issue

As the majority postulates, OASIS’s effort to formulate a definition of “organic” for personal care products is distinct from the certification process. (Maj. opn., ante, at p. 1200.) That process will occur following determination of the “OASIS organic standard” and will entail OASIS authorizing a third party certification agent to determine if a particular product satisfies the OASIS organic standard; if so, that product may be imprinted with the “OASIS Organic” seal. Because OASIS contends its role in the certification process is “conduct in…

The federal government imposes mandatory standards governing the marketing of "organic" food and agricultural products, but provides only voluntary and permissive criteria for "organic" personal care products, such as soaps and lotions. ( 7 U.S.C. § 6501 et seq.; Organic Foods Production Act of 1990.) A trade association, Organic and Sustainable Industry Standards, Inc. (OASIS), seeks to develop a standard that would provide a definition of "organic" specific to beauty and personal care products and would permit its members whose products meet this standard to advertise using an "OASIS Organic" seal on the product. All One God Faith, Inc., who does business as Dr. Bronner's Magic Soaps (Dr. Bronner), filed suit against OASIS and certain of its members, alleging that this certification would constitute unfair competition and misleading advertising. OASIS filed a special motion to strike Dr. Bronner's claim against it pursuant to the anti-SLAPP statute, [1] Code of Civil Procedure section 425.16. [2] OASIS appeals from the trial court's denial of its motion. Dr. Bronner has filed a protective cross-appeal, contending that the motion should have also been denied under…