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By STEPHEN HOLZER

we reject OASIS's claim that by certifying a member product to use its seal, it speaks with an educational purpose or contributes to an ongoing public debate about organic standards. It is not necessary for OASIS to certify individual products and authorize members to use its "OASIS Organic" seal on products in order for OASIS to express its general opinion about what constitutes an "organic" personal care product. Because that goal will otherwise be achieved by the articulation of the standard, we conclude that the challenged speech is not in furtherance of OASIS's exercise of free speech in connection with a public issue. (See Roberts v. Los Angeles County Bar Assn. (2003) 105 Cal.App.4th 604, 615 [although plaintiff's "action was an attack on the process of [judicial candidate] evaluations, that process was inextricably intertwined with and part and parcel of the evaluations," which were undisputedly protected speech].)

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California appellate court this past Tuesday rejected claim that suit to prevent companies from using private non-profit certification of products as "organic" violates non-profit's free-speech rights

Full post as published by Environmental Legal Blogs on April 15, 2010 (boomark / email).