Alex Khasin, individually and on behalf of all others similarly situated v. R.C. Bigelow Inc.
Published: Sep. 17, 2016 | Result Date: Aug. 29, 2016 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-02204-WHO Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Ben F. Pierce Gore
(Pratt & Associates)
Defendant
Michael D. Scully
(Gordon & Rees LLP)
Timothy K. Branson
(Gordon & Rees LLP)
Joni B. Flaherty
(Gordon & Rees LLP)
Facts
Plaintiff filed a class action lawsuit on behalf of a class of consumers who purchased defendant's tea products in the last four years.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant mislabeled its green tea products when it included the phrases "healthy antioxidants" and "packed powerful antioxidants" on its product labels.
Plaintiff asserted causes of action for violations of Business and Professions Code Sections 17200 and 17500; violation of the California Consumer Legal Remedies Act; restitution based on unjust enrichment/quasi-contract; violation of the Beverly-Song Act; and violation of the Magnuson-Moss Act.
DEFENDANT'S CONTENTIONS:
Defendant denied that its statements were false or misleading.
Result
The court granted summary judgment in defendant's favor, finding that plaintiff failed to provide evidence that a reasonable consumer would likely be misled by defendant's statements, failed to present evidence in support of his claim for damages, and could not establish standing for injunctive relief.
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