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ASSOCIATION OF NAT. ADVERTISERS, INC. v. LUNGREN

No. C-92-0660 MHP.

809 F.Supp. 747 (1992)

The ASSOCIATION OF NATIONAL ADVERTISERS, INC., Grocery Manufacturers of America, Inc., the Soap and Detergent Association, National Food Processors Association, the American Paper Institute, Inc., the American Advertising Federation, the American Association of Advertising Agencies, the California Chamber of Commerce, and Chamber of Commerce of the United States, Plaintiffs, v. Daniel LUNGREN, in his official capacity as Attorney General of the State of California, Defendant.

United States District Court, N.D. California.

December 23, 1992.

Attorney(s) appearing for the Case

John W. Keker, Susan J. Harriman, Keker & Brockett, San Francisco, CA, James M. Mattesich, Livingston & Mattesich, Sacramento, CA, for plaintiffs.

R. Cameron DeVore, Marshall J. Nelson, Debora K. Kristensen, Davis Wright Tremaine, Seattle, WA, for Media Institute, Inc.

Albert Norman Shelden, Susan E. Henrichsen, Deputy Attys. Gen., San Diego, CA, Christopher M. Ames, John G. Donhoff, Jr., Deputy Attys. Gen., San Francisco, CA, for defendant.

Maria Savasta Kennedy, Deborah S. Reames, Laurens H. Silver, Sierra Club Legal Defense Fund, San Francisco, CA, for Californians Against Waste and Environmental Defense Fund, defendant intervenors.

OPINION

PATEL, District Judge.

Plaintiffs, The Association of National Advertisers, et al., bring this action against defendant Daniel Lungren, in his official capacity as Attorney General of the State of California.1 Plaintiffs challenge section 17508.5 of the California Business and Professions Code, which regulates certain environmental claims used in advertising, on the grounds that: (1) the statute violates plaintiffs' First...

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