First Amendment

A large farm called Green Love Ranch in Texas, was a huge producer of organic garden vegetables. They sold most of their produce to Whole Foods, Sprouts independent organic food stores, and food cooperatives. Marketing data showed that consumers that purchased food at these stories were very earth friendly, environmentally conscious, and human rights oriented.

In 2012, Green Love Ranch ran a full page advertisement in the New York Times, stating that they were dedicated to fair and decent treatment of their farm workers. The ad stated that they provided quality housing for their permanent workers and maintained clean, safe, and air conditioned housing for their seasonal workers. The ad stated that Green Love provided limited healthcare and childcare for all their workers and an accredited elementary school was maintained at the farm. Even more, the ad stated that Green Farm paid fair wages and they only hired persons who could legally work in the United States. Green Love sent letters containing this same information to all of their wholesale distributors and to the CEOs of the stores where they provided produce.

In 2017, the U.S. Immigration Services raided the housing facilities at Green Love Ranch and found that the workers were living in squalid conditions. Many small children were working in the field along side their parents and there was no elementary school for them to attend. There were healthcare and sanitation issues among half of the workers and their families, and a fourth of the workers did not have legal work permits. Finally, it was discovered that Green Love had not paid their workers the minimum wage that they had advertised. Documents and testimony established that these conditions had existed for the past ten years.

Sierra Miller, a resident of California, who shopped at Whole Foods in Vallejo, filed a suit against Green Love in California, alleging that it made false and misleading statements because of its negligence and carelessness and "with knowledge or reckless disregard" of the laws of California prohibiting false and misleading statements. Ms. Miller filed the suit on behalf of all of the citizens of the state, who had bought Green Love produce because they believed the farm to be a good and fair employer.

How will the court decide this case? What factors will it consider in making its decision?