Appellate Court Finds Plaintiff's Unfair Practices Claims Can Proceed Under New Statute

SAN DIEGO - California's Court of Appeal held March 4 that a woman's unfair practices claims arising from Metabolife International's advertising and labeling are protected under an amendment to the state's anti-SLAPP statute. Ashleigh Brenton v. Metabolife International Inc., D040337 (Calif. Ct. Appeal, Fourth Dist. Div. One).

The Fourth District Court of Appeal affirmed a trial court's denial of Metabolife's motion to strike the claims by plaintiff Ashleigh Brenton. Berenton contends that Metabolife used false and misleading advertising in promoting Metabolife 356. The court said that California Code of Civil Procedure § 425.17, subdivision (c), which took effect on Jan. …