(a)For the purposes of this section, the following terms apply:
(1)“Business” means any business acting within the State of California that sells goods to any individual or entity, including, but not limited to, retailers, suppliers, manufacturers, and distributors.
(2)“Goods” means any consumer products used, bought, or rendered primarily for personal,
family, or household purposes.
(3)
(A)“Substantially similar” means two goods that exhibit all of the following characteristics:
(i)No substantial differences in the materials used in production.
(ii)The intended use is similar.
(iii)The functional design and features are similar.
(iv)The brand is the same or both brands are owned by the same individual or entity.
(B)A difference in coloring among any of the goods shall not be
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(a)
For the purposes of this section, the following terms apply:
(1)
“Business” means any business acting within the State of California that sells goods to any individual or entity, including, but not limited to, retailers, suppliers, manufacturers, and distributors.
(2)
“Goods” means any consumer products used, bought, or rendered primarily for personal,
family, or household purposes.
(3)
(A)
“Substantially similar” means two goods that exhibit all of the following characteristics:
(i)
No substantial differences in the materials used in production.
(ii)
The intended use is similar.
(iii)
The functional design and features are similar.
(iv)
The brand is the same or both brands are owned by the same individual or entity.
(B)
A difference in coloring among any of the goods shall not be construed as a substantial difference for the purposes of this paragraph.
(b)
A person, firm, partnership,
company, corporation, or business shall not charge a different price for any two goods that are substantially similar if those goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended.
(c)
This section does not prohibit price differences in goods or services based specifically upon any of the following:
(1)
The amount of time it took to manufacture those goods.
(2)
The difficulty in manufacturing those goods.
(3)
The cost incurred in manufacturing those goods.
(4)
The labor used in manufacturing those goods.
(5)
The materials used in manufacturing those goods.
(6)
Any other gender-neutral reason for charging a different price for those goods.
(d)
(1) Notwithstanding any other law, whenever the Attorney General has cause to believe that a violation of this section has occurred, the Attorney General may, upon notice to the defendant of not less than five days, seek a court order to enjoin and restrain the continuance of those violations.
(2)
If a court finds that the defendant has violated this section, an injunction may be issued by the court enjoining or restraining any violation, without requiring proof that any person has, in fact, been injured or damaged thereby. The court may make direct restitution, if applicable. In connection with the proposed application for an injunction, the Attorney General is authorized to take proof and make a determination of the relevant
facts and to issue subpoenas in accordance with the civil practice law and rules.
(3)
If a court finds that the defendant has violated this section, a court may impose a civil penalty not to exceed ten thousand dollars ($10,000) for the first violation, and a civil penalty not to exceed one thousand dollars ($1,000) for each subsequent violation. The total civil penalty imposed pursuant to this paragraph shall not exceed one hundred thousand dollars ($100,000).
(4)
Notwithstanding paragraph (3), a court may impose additional civil penalties upon a defendant exceeding one hundred thousand dollars ($100,000) if the defendant subsequently violates this section with respect to the same goods for which the maximum civil penalty has been previously imposed under a separate civil action or for any good for which the Attorney General has not brought civil action pursuant to this
section.
(e)
For the purposes of this section, each instance of charging a different price for two goods that are substantially similar, as specified in subdivision (b), shall constitute a single violation.
(f)
This section does not limit liability under the Unruh Civil Rights Act (Section 51).