Consumer Justice Center v. Trimedica International, Inc.
Opinion
lead Opinion
Moore, J.
Do claims that a product offers “The All-Natural Way To A Fuller, More Beautiful Bust!” constitute speech on a matter of “public interest” within the meaning of Code of Civil Procedure section 425.16? We hold that they do not.
Trimedica International, Inc., Joseph Christy, Martha Christy, and General Nutrition Corporation (collectively Trimedica) appeal the trial court’s order denying a special motion to strike pursuant to Code of Civil Procedure section 425.16 (all statutory references are to the Code of Civil Procedure unless otherwise noted). Trimedica contends the lawsuit filed by Consumer Justice Center and Melanie Mars (collectively CJC or plaintiffs) constitutes a strategic lawsuit against public participation (SLAPP suit). We affirm the trial court’s ruling.
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Facts
Plaintiffs sued Trimedica for false advertising, consumer fraud and related claims with respect to the product Grobust. Trimedica’s literature states that Grobust is a pill that “offers a revolutionary breakthrough that provides a 100% natural alternative to breast implants.” According to a “doctor” (see pt. II.D., post) endorsing Grobust, “Claims of a breast enlargement of one half inch in 45…