Article: California Proposition 64 Requires that Pending Actions Based on the Unfair Competition or False Advertising Laws be Dismissed

Introduction

On November 2, 2004, by a vote of 59%, California voters passed Proposition 64, titled "Limits of Private Enforcement Of Unfair Competition Laws." This proposition curtails the expansive standing formerly allowed plaintiffs asserting unfair competition law ("UCL") and false advertising claims under sections 17200 and 17500 of the California Business and Professions Code. As specified in Article Ð, Section 10a of the California Constitution, these amendments went into effect the day after the election, on November 3, 2004.

Prior to the passage of Proposition 64, sections 17204 and 17353 permitted suits "by any person acting for the interests of itself, its members or the ...

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