Sharper Image was just blowing smoke.
So said U.S. District Judge Maxine Chesney on Wednesday when she tossed out a suit filed by the upscale retailer against Consumers Union over negative reviews of its best-selling product, the Ionic Breeze Quadra Air Purifier.
Sharper Image, based in San Francisco, had alleged that the articles, which appeared in Consumers Union's Consumer Reports magazine, were based on bad test procedures and amounted to negligent product disparagement. Consumers Union responded with a motion under California law prohibiting frivolous First Amendment litigation.
Chesney granted the motion, commonly called an anti-SLAPP -- strategic lawsuit against public participation -- suit.
Sharper Image had argued that the nonprofit made false statements and maliciously published its reports. Consumers Union countered that the retailer was only trying to quell the reviews in order to protect its ability to successfully market the air purifier.
But Chesney didn't even get to the issue of malice.
"The court finds Sharper Image has not provided sufficient evidence to support a finding that, under any of these theories, whether alone or in combination, it has a reasonable probability of establishing that any of the challenged statements are false," wrote Chesney.
Sharper Image has not yet decided whether it will appeal. Details here from The Recorder via Law.com.