Panel Again Tosses Unlawful Business Claim Against Costco Over Ensure Sales Tax

(August 26, 2019, 11:21 AM EDT) -- SAN FRANCISCO — On remand from the California Supreme Court, a state appellate panel on Aug. 22 stood by its previous ruling that a consumer cannot state an unlawful business practice claim against Costco Wholesale Membership Inc. because there has not been a legal finding that consumers are entitled to a refund for sales tax reimbursement that they paid on purchases of Ensure nutritional drinks (Larry Littlejohn v. Costco Wholesale Corporation, No. A144440, Calif. App., 1st Dist., Div. 3, 2019 Cal. App. Unpub. LEXIS 5605)....

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