Opinion No. (1998)

DANIEL E. LUNGREN Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE RICHARD K. RAINEY, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following question: Must merchandise be advertised as "secondhand or used" if it is used, worn, or sampled for a short time by a consumer and then returned in like-new condition pursuant to the retailer's policy allowing returns of merchandise at the customer's discretion? CONCLUSION Merchandise must be advertised as "secondhand or used" if it is used, worn, or sampled for a short time by a consumer and then returned in like-new condition pursuant to the retailer's policy allowing returns of merchandise at the customer's discretion, unless such use is for inspection purposes only. ANALYSIS The question presented for resolution concerns the meaning of the terms "used" and "secondhand" as found in Business and Professions Code section 17531 1 with respect to merchandise returns made pursuant to a retailer's policy of allowing such returns within a short period of time after the sale. Section 17531 , one of a series of statutes enacted to protect consumers from false advertising (§§ 17500 - 17581…