California's "Happy Cows" ads might be fairly cheesy, but that doesn't mean the state can be sued over them.
On Tuesday, San Francisco's 1st District Court of Appeal declared the California Milk Producers Advisory Board exempt from the state's false advertising laws, preventing People for the Ethical Treatment of Animals Inc. from suing the agency over its popular campaign showing blissful bovines in a pastoral paradise.
PETA, based in Norfolk, Va., had claimed that the ads were "explicitly and implicitly untrue, deceptive and misleading" -- that California cows actually lead harsh lives in grubby fields before being slaughtered.
In their ruling, the appellate justices made no comment about the state of cattle contentment but simply held that a "plain reading" of the state's unfair competition law -- Business & Professions Code §17200 -- shows that public entities, such as the milk board, aren't subject to false advertising suits.
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PETA Loses Suit
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