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PEOPLE EX REL. BROWN v. PURITEC

No. C052167.

64 Cal.Rptr.3d 270 (2007)

153 Cal.App.4th 1524

The PEOPLE ex rel. Edmund G. BROWN, JR., as Attorney General, etc. Plaintiff, Cross-Defendant and Respondent, v. PURITEC, Defendant, Cross-Complainant and Appellant.

Court of Appeal of California, Third District.

As Modified August 15, 2007.

Attorney(s) appearing for the Case

Davis & Leonard, Sacramento, and Stephen L. Davis for Defendant, Cross-Complainant and Appellant.

Edmund G. Brown, Jr., Attorney General, Joseph O. Egan and Roy S. Libyan, Deputy Attorneys General, for Plaintiff, Cross-Defendant and Respondent.

DAVIS, Acting P.J.

California has two statutes that prohibit the seller of a water treatment device from making performance or benefit claims that the device affects health or the safety of drinking water, unless the device has been certified by the state Department of Health Services: Health and Safety Code section 116835, subdivision (a), and Business and Professions Code section 17577.2, subdivision (c).1

In this appeal we conclude...

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