Consumer Justice Center v. Trimedica International, Inc

In Consumer Justice Center v. Trimedica International, Inc. (2003) a consumer advocacy group brought an action for false advertising and consumer fraud against a supplement manufacturer who claimed its product, Grobust, offered " 'The All-Natural Way To A Fuller, More Beautiful Bust!' " (Trimedica, supra, 107 Cal.App.4th at pp. 598-599.) The defendant filed a special motion to strike, pursuant to section 425.16, arguing that herbal dietary supplements in general were a subject of public interest. (Trimedica, at pp. 599, 601.) The court rejected this claim, noting, "Trimedica's speech is not about herbal supplements in general. It is commercial speech about the specific properties and efficacy of a particular product, Grobust. If we were to accept Trimedica's argument that we should examine the nature of the speech in terms of generalities instead of specifics, then nearly any claim could be sufficiently abstracted to fall within the anti-SLAPP statute." (Id. at p. 601.) The court distinguished DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562 [92 Cal.Rptr.2d 755] (DuPont), by observing: "Grobust does not treat life-threatening conditions such as stroke and pulmonary embolism, nor is there evidence it is widely used. Therefore, Grobust does not qualify as a matter of public interest by examining either 'the number of persons allegedly affected' or 'the seriousness of the conditions treated ... .' " (Trimedica, supra, 107 Cal.App.4th at p. 602.) The court concluded that the "public interest" limitation had not been met, reasoning: "No logical interpretation of [section 425.16, subdivision (a)] suggests that 'matters of public significance' include specific advertising statements about a particular commercial product, absent facts which truly make that product a matter of genuine public interest ... . Construing the statute in this manner would allow every defendant in every false advertising case ... to bring a special motion to strike under the anti- SLAPP statute, even though it is obvious that the case was not filed for the purpose of chilling participation in matters of public interest." (Trimedica, supra, 107 Cal.App.4th at p. 602.) In short, the maker of an herbal supplement for female breast enlargement sued for fraud and false advertising claimed the action involved a public issue because herbal dietary supplements are a matter of public interest. The court disagreed: "Trimedica's speech is not about herbal supplements in general. It is commercial speech about the specific properties and efficacy of a particular product, Grobust. If we were to accept Trimedica's argument that we should examine the nature of the speech in terms of generalities instead of specifics, then nearly any claim could be sufficiently abstracted to fall within the anti-SLAPP statute." (Id. at p. 601.) In rejecting the defendant's argument that " 'herbal dietary supplements' " are a matter of public interest, the court pointed out that the statements underlying the lawsuit were not about herbal medicine in general, but rather about the specific properties and benefits of a specific product. (Id. at p. 601.) The court concluded that the manufacturer's claims about Grobust were not a matter of public interest. (Ibid.)