ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

A Member of the Law Professor Blogs Network

Thursday, January 13, 2005

State agency not covered by false advertising law

Happy_cow You always knew that the government could lie to you, but now it's official.  California state agencies are not subject to the state's false advertising laws, according to a decsion by the First District Court of Appeal in San Francisco.

The animal-rights group People for the Ethnical Treatment of Animals sued the California Milk Producers Advisory Board, whose ads show "happy cows" cavorting merrily in sunny pastures, with the slogan "Great cheese comes from happy cows.  Happy cows come from California."

It's a lie, said PETA.  California cows are not, in fact, particularly cheerful, and their lives are (so to speak) poor, nasty, brutish, and short.  The cattle lots do not have vegetation, said PETA, and the animals defecate directly onto the ground.

The court did not need to reach a sovereign immunity argument, holding merely that the false advertising statute did not mention public entities and therefore did not apply to them.  PETA's remedy was to filed a request for administrative review.

There is no word whether PETA will now pursue the Chick-fil-A franchise people on the grounds that the poor-spelling cows in its ads cannot, in fact, write at all.

http://lawprofessors.typepad.com/contractsprof_blog/2005/01/state_agency_no.html

In the News | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d83457319769e2

Listed below are links to weblogs that reference State agency not covered by false advertising law:

» Cheezy Lies from Stone
ContractsProf Blog has this interesting post on a court's finding that state governments and agencies can lie to you.... [Read More]

Tracked on Jan 15, 2005 2:16:44 PM

Comments

Post a comment