Consumers Union of U.S., Inc. v. Alta-Dena Certified Dairy

Appellant Alta-Dena Certified Dairy and its related corporate entities appeal from a civil judgment entered in favor of respondents Consumers Union of U.S., Inc., the American Public Health Association, and the People of the State of California on their civil complaints challenging Alta-Dena’s advertising practices. In affirming the judgment of the court below, we will hold, in the published portions of this opinion, that a trial court has the authority to order the placement of a warning on a commercial product to remedy the past effects of false advertising and unfair business practices.

I. Factual and Procedural Background

Alta-Dena operates what is estimated by some to be the world’s largest dairy. Its facilities in California include a large farm near Chino, a calving farm near Oakdale, a creamery in City of Industry, and various trucks and equipment. Some 85 percent or more of Alta-Dena’s production is dedicated to supplying pasteurized milk and related pasteurized milk products. The remainder of Alta-Dena’s production goes toward supplying raw certified milk and raw certified milk products. The present suit only involves the latter category of Alta-Dena’s…