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STATE v. GROCERY MFRS. ASSOCIATION

No. 49768-9-II Consolidated with No. 50188-1-II.

475 P.3d 1062 (2020)

STATE of Washington, Respondent, v. GROCERY MANUFACTURERS ASSOCIATION, Appellant. Grocery Manufacturers Association, Appellant, v. State of Washington, Respondent.

Court of Appeals of Washington, Division 2.

Filed November 10, 2020.

Attorney(s) appearing for the Case

Robert Bertelson Mitchell Jr. , Aaron Edward Millstein , K&L Gates LLP, 925 4th Ave. Ste. 2900, Seattle, WA, 98104-1158, for Appellant.

Linda Anne Dalton , Atty. Gen. Office Campaign Finance, Callie Anne Castillo , Noah Guzzo Purcell , WA State Attorney General Office, 1125 Washington St. Se., Po Box 40100, Olympia, WA, 98504-0100, Olympia, WA, 98504-0100, Garth Ahearn , Office of the Attorney General-Tacoma, 1250 Pacific Ave. Ste. 105, Po Box 2317, Tacoma, WA, 98401-2317, Karl David Smith , Attorney at Law, Po Box 40100, Olympia, WA, 98504-0100, for Respondent.

Ryan P. McBride , Lane Powell PC, 1420 5th Ave. Ste. 4200, Seattle, WA, 98101-2375, for Amicus Curiae on behalf of Institute for Free Speech.

Daniel J. Dunne Jr. , Orrick Herrington & Sutcliffe, 701 5th Ave. Ste. 5600, Seattle, WA, 98104-7045, for Amicus Curiae on behalf of Professors Michael Munger and Jeffrey Milyo.

PUBLISHED OPINION

¶1 The State filed a complaint alleging that the Grocery Manufacturers Association (GMA) failed to comply with the Fair Campaign Practices Act (FCPA), chapter 42.17A RCW, relating to a failed 2013 Washington ballot initiative, Initiative 522 (I-522). I-522 would have required all packaged food products to...

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