ASSOCIATION OF NAT. ADVERTISERS, INC. v. LUNGREN

No. 93-15644.

44 F.3d 726 (1994)

ASSOCIATION OF NATIONAL ADVERTISERS, INC.; Grocery Manufacturers of America, Inc.; Soap and Detergent Association; National Food Processors Association; The Society of the Plastics Industry, Inc.; The American Paper and Forest Association; The American Advertising Federation; The American Association of Advertising Agencies; The California Chamber of Commerce; and The Chamber of Commerce of the United States, Plaintiffs-Appellants, Californians Against Waste and The Environmental Defense Fund, Intervenors-Appellees, v. Daniel E. LUNGREN, in his official capacity as Attorney General of the State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 18, 1994.


Attorney(s) appearing for the Case

Floyd Abrams, Cahill Gordon and Reindel, New York City, for plaintiffs-appellants.

Albert N. Shelden, Deputy Atty. Gen., San Diego, CA, for defendant-appellee.

Barbara J. Olshansky, Environmental Defense Fund, New York City (with whom Maria Savasta Kennedy, Rosen, Bien & Asaro, San Francisco, CA, on brief), for intervenors-appellees.*

Opinion by Judge CHOY; Dissent by Judge NOONAN.


CHOY, Circuit Judge:

Appellants, the Association of National Advertisers, Inc., et al. (Trade Associations), appeal the district court's grant of summary judgment upholding the constitutionality of California Business and Professions Code § 17508.5. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Section 17508.5 makes it unlawful for a manufacturer or distributor of consumer goods to represent...

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