Facts

Walmart Stores Inc. is a general retailer and advertises and sells goods, including emergency supplies and medical supplies. At the start of the COVID-19 pandemic, the Governor proclaimed a State of emergency in California and issued Executive Order N-44-20, prohibiting selling or offering medical or emergency supplies that a retailer had not previously sold prior to February 4, 2020 for an unconscionably excessive price. The Order stated that a price is "unconscionably excessive" if that price is more than 50 percent greater than the amount the business paid for the item. The State of California brought an action against Walmart alleging it sold medicinal or emergency supplies for unconscionably excessive prices.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant violated the order by offering to sell on its website, "Caresour W-075 75 percent Alcohol disinfecting wipes (50 pack)" between $18.99 and $19.99 exceeding the 50 percent markup. Plaintiff contended this product is a disinfecting wipe categorized as an emergency supply and medical supply and was sold at an unconscionably excessive price.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions.

Result

The case settled for $9,000.