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52 UCLA L. Rev. 1313 (2004-2005)
Unhappy Cows and Unfair Competition: Using Unfair Competition Laws to Fight Farm Animal Abuse

handle is hein.journals/uclalr52 and id is 1327 raw text is: UNHAPPY COWS AND UNFAIR COMPETITION: USING UNFAIR COMPETITION LAWS TO FIGHT FARM ANIMAL ABUSE Donna Mo Most farm animals suffer for the entirety of their lives, both on the farm and at the slaughterhouse. While there are state and federal laws designed to protect these animals from abuse, such laws are rarely enforced by the public officials who have the authority to do so. Animal advocacy groups have taken matters into their own hands by utilizing state unfair competition laws, including California Business and Professions Code section 17200. Section 17200 is a state version of the Federal Trade Commission Act, which prohibits unfair and deceptive business practices. Such Little FTC Acts exist in every state and are, for the most part, very similar. Thus, while this Comment focuses on section 17200, its reasoning is applicable to other states as well. This Comment explores the many ways in which unfair competition laws, namely section 17200, may be employed to protect farm animals. The passage of Proposition 64 by California voters in November 2004, which added a standing requirement for section 17200 plaintiffs, has curtailed the scope of the statute significantly. This Comment argues, however, that section 17200 can still be used to protect farm animals, through the use of humane competitors and individual consumers as plaintiffs. INTRO DU CTION .................................................................................................................. 1314 1. THE NEED FOR PRIVATE ENFORCEMENT .................................................................... 1318 A . The Lack of Public Enforcem ent ...................................................................... 1318 1. Cruelty in the Slaughterhouse ................................................................... 1318 2. C ruelty on the Farm ................................................................................... 1319 II. AN OVERVIEW OF UNFAIR COMPETITION LAW USAGE: CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 17200 ................................................. 1321 A. Current Usage of Section 17200 in Animal Law ............................................. 1321 B. The Ideal Section 17200 Lawsuit ...................................................................... 1324 III. THE THREE PRONGS OF SECTION 17200 ................................................................... 1329 A . U nlaw ful Practices ............................................................................................. 1329 1. Anticruelty Laws: California Penal Code Sections 596-600 and the Twenty-eight Hour Law .............................................................. 1331 * Editor, UCLA Law Review, Volume 52. J.D. candidate, UCLA School of Law, 2005; B.A., UCLA, 2002. 1 would like to thank Professor Taimie Bryant, Bruce Wagman, Vicki Steiner, and Bob Ferber for their extensive help and advice. I would also like to thank my family, Angela Mo and Mei Mo, and friends Elaine Chen and Song Kim, for their support. 1313

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