Salazar

I.

INTRODUCTION

After David Salazar bought Walmart, Inc.’s “Great Value White Baking Chips”

incorrectly thinking they contained white chocolate, he filed this class action against

Walmart for false advertising under various consumer protection statutes. The trial court

sustained Walmart’s demurrers without leave to amend, finding as a matter of law that no

reasonable consumer would believe Walmart’s White Baking Chips contain white

chocolate. We disagree and reverse.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Salazar went to Walmart to buy white chocolate chips. He bought some Great

Value (Walmart’s store-brand name) White Baking Chips,

which come in bags like this:

The bags are sold at Walmart on a shelf like this:

The chips are sold next to other chocolate chip products that contain milk chocolate or

semi-sweet chocolate.

Salazar thought the White Baking Chips contain white chocolate because (1) their

label describes them as “white,” (2) their label depicts the product, which look like white

chocolate chips, and (3) the product is sold next to other chocolate products. Because

Salazar thought the White Baking Chips had real white chocolate, he bought some. He

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