William Murray Jr., on behalf of himself and all others similarly situated v. The Elations Company LLC, Beverages Holdings LLC
Published: Mar. 21, 2015 | Result Date: Aug. 4, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-02357-BAS-WVG Bench Decision – Dismissal
Court
USDC Southern District of California
Attorneys
Plaintiff
James R. Patterson
(Patterson Law Group APC)
Todd D. Carpenter
(Lynch Carpenter LLP)
Defendant
Sascha Von Mende Henry
(Sheppard, Mullin, Richter & Hampton LLP)
Facts
William Murray filed a class action against The Elations Company LLC and Beverages Holdings LLC, concerning a line of Glucosamine and Chondroitin-based supplements defendants distributed, marketed, and sold.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants marketed the products as health products that provided various health benefits, including improving mobility, joint heath, lubrication, and flexibility. Plaintiff contended that customers, like himself, bought the products for the health benefits. However, the purported health benefits claims were false and misleading because the products have no efficacy at all according to scientific evidence.
Plaintiff asserted claim for violation of the Consumer Legal Remedies Act, violation of the Unfair Competition Law, and breach of express warranty.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the complaint for failure to state a claim for relief.
Result
The court granted defendants' motion to dismiss with leave to amend.
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