People v. Health Laboratories of North America, Inc.

Health Laboratories of North America, Inc., and its officer, Marc J. Kaplan, appeal an order denying their motion pursuant to the anti-SLAPP statute (Code Civ. Proc., § 425.16) 1 to strike the People’s action for a permanent injunction enjoining them from making unsubstantiated advertising claims and for civil penalties for having made false or misleading advertisements. Appellants contend the statute’s provision exempting *445 public prosecutors from its strictures violates the equal protection clauses of the United States and California Constitutions. (U.S. Const., Amend. XIV, § 1; Cal. Const., art. I, § 7.)

Background

Appellants manufacture a weight loss product called Berry Trim Plus. The District Attorneys of Napa and Sonoma Counties on behalf of the People, brought an action against appellants, alleging that their advertising claims for the product violated various statutes governing false or misleading advertising and unfair competition. (Bus. & Prof. Code §§ 17200, 17500, 17508.) As amended, the complaint sought an injunction against appellants’ advertising claims, civil penalties for each of their acts of unfair competition and each false or misleading…